Robert S. Brodie v. United States ( 1961 )

BAZELON, Circuit Judge,

concurring in part and dissenting in part.

I agree with my brothers that the Municipal Court is empowered to grant a new trial “if required in the interest of justice,” upon motion within five days of final judgment. Since, in my opinion, the denial of such motion upon the present record would be an abuse of discretion, I would reverse with directions to grant the motion and thereby avoid the burden of an unnecessary hearing.