Walker

Walker v. United States

Good Law
113 F.2d 314·129 A.L.R. 725·1940 U.S. App. LEXIS 3348
United States Court of Appeals for the Ninth CircuitJune 29, 1940No. 9134California4,140 words

Opinion

Lead Opinion

Garrecht, J.

We have before us various motions, affidavits, and petitions whereby appellants demand that this court:

(1) Grant a new trial; they assign as the basis therefor, that the judge who signed the bill of exceptions was not the same person who denied their motion for new trial in the District Court.

(2) Return the hill of exceptions to the court below for “correction” relative to the proceedings which took place in court October 18, 1938, on the question of prejudice of the trial judge.

(3) Return the bill of exceptions to the court below for the addition of certain testimony taken at the first trial with reference to telegrams and radiograms attempted to be introduced at the first trial, which appellants claim were excluded at said first trial because of illegality in the procurement.

(4) Order all exhibits requested by appellants copied into the bill of exceptions.

(5) Order the hill of exceptions amended to include notes of the courtroom clerk taken October 28, 1938, on the occasion of a reprimand of Walker by the trial judge for talking to a Government witness outside of the courtroom.

(6) Grant permission to the appellants to file a petition for writ of certiorari to be *316…

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