Daniel Roy Perez v. United States

Appellant was indicted, charged with uttering (not the forging or endorsing) of a check with a forged endorsement. He was convicted by the trial court, and placed on probation, without fine or imprisonment.

The principal witness identifying the appellant was the shopkeeper who cashed it, one Lira. The latter’s daughter identified appellant as being in the store when she saw her father with check in hand.

Appellant appeals his conviction, but no error was alleged with respect to the trial. Appellant also appeals from the denial of his motion for new trial. His sole ground for error was that his motion should have been granted upon the fifth ground; newly discovered evidence.

The sole question before us is, therefore, not whether there was sufficient evidence to convict, or whether any error occurred at the trial, but only: Did the trial judgé improperly deny the motion for new trial on the ground of newly discovered evidence?

The alleged newly discovered evidence was set forth in three affidavits — one by appellant, and two by two friends of appellant (of three and six years standing, respectively). Appellant states he misunderstood the date of the alleged check uttering to…