Mitchell v. United StatesAnnotate this Case
368 U.S. 439 (1962)
U.S. Supreme Court
Mitchell v. United States, 368 U.S. 439 (1962)
Mitchell v. United States
No. 448, Misc.
Decided January 22, 1962
368 U.S. 439
In a Federal District Court, petitioner was convicted of robbery in the District of Columbia and sentenced to imprisonment. He subsequently filed in that court a paper entitled "Motion for Dismissal of Sentence and Reversal of Verdict," claiming, inter alia, that materially false testimony had been used against him at the trial. That court treated that motion as one to vacate sentence under 28 U.S.C. § 2255 and denied it. The Court of Appeals affirmed, though petitioner had produced in that court, for the first time, an affidavit of a police captain which contradicted the testimony of a prosecution witness.
Held: certiorari granted, judgment vacated, and case remanded to the District Court for a hearing upon petitioner's motion, treated as a motion for a new trial on the ground of newly discovered evidence.
Reported below: 110 U.S.App.D.C. 322, 293 F. 2d 161.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.