Louis E. Wolcher v. United States

This case has been before us on two previous occasions. For a detailed statement of the facts we refer those who may be interested to 200 F.2d 493 and 218 F.2d 505 . The case is now before us on appeal from a denial by the trial court of a motion for a new trial on the ground of newly discovered evidence.

We approach the consideration of this appeal with the thought in mind that, “a trial judge’s order denying a motion for a new trial on an appraisal of newly discovered evidence should remain undisturbed ‘except for most extraordinary circumstances’. United States v. Johnson, 327 U.S. 106, 111 , 66 S.Ct. 464, 466 , 90 L.Ed. 562 .”

The defense relied on by appellant to the charge made in the indictment of failing to report profits alleged to have been made in the course of black market liquor operations was simply that he made no profits. While freely admitting that he collected large sums “under the table” in excess of the legitimate O. P. A. prices appellant testified that he paid out all over ceiling prices collected in order to obtain black market liquor. The over ceiling money collected by appellant, so he testified, was paid to one Gersh, who, appellant claimed, acted as…