Connley v. United States

WILBUR, Circuit Judge.

Appellants moved this court to strike from an order of the District Court allowing an appeal herein and fixing a bond thereon, the following proviso:

“And that the bonds be conditioned that if thé judgment be affirmed or appeal dismissed the several fines and the costs of the prosecution willobe paid.”

The order allowing appeal, which under the new practice corresponds to the writ of error, allows the appeal in express terms. The effect of this order operates as a supersedeas in so far as the term of imprisonment imposed by the judgment is concerned. In re Claasen, 140 U.…