v3243-247

"Sampson and police officers while incarcerated in

the local jail. A more logical reason is Boley' s

statement to the effect that his informing for

the police officers could 'cost me my life', and

that following their talk in jail he wanted to

help Sampson. The recantation is too long in time

and events in coming, and the repudiation thereof

(the following day), too swift. I saw and heard

both Boley and the defendant in the courtroom during

the trial and saw the defendant and heard Boley at

the hearing on this motion, and I put my trust in

the repudiation rather than in the recant, and

so distinguish United States v. Mitchell , 29 FRD

157 (O.N.J. 1962), and apply the teachings of

Newman v. United States. 238 F.2d 861 (5th Cir.

1956). Passage of time is one of the worst enemies

of the proper administration of justice and is a

bandit on the route to truth."

We adopt Judge East's language in

iistinguishing Mitchell from this instant case,

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archive.org Volume Name: govuscourtsca9briefs3243

Volume: http://archive.org/stream/govuscourtsca9briefs3243

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n246/mode/1up

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