The following excerpt is from United States v. DePalma, 461 F.2d 240 (9th Cir. 1972):
The first item of newly discovered evidence was the testimony of appellant's employer who had been out of the country at the time of trial. This witness would have testified that he had been with the appellant overseeing appellant's food catering route some 18 miles away from the scene of the crime about a half hour before the robbery. Appellant had produced other witnesses at his trial who testified to the same effect. The jury did not believe these alibi witnesses. The offered testimony was cumulative and it is highly questionable if it was "newly discovered." Evalt v. United States, 382 F.2d 424, 429 (9th Cir. 1967). No request had been made at the time of trial for a continuance on the ground of the absence of a critical witness.
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