Howell v. United States

Howell, convicted of a felony and sentenced to the penitentiary, was immediately imprisoned therein. Later, and within 60 days, a writ of error from this court was duly allowed, issued, and filed. He now applies to us for bail, pending the hearing.

In McKnight v. United States, 113 F. 451, 452, 51 C. C. A. 285, in an opinion by Judge Lurton, this court distinctly held that a writ of error in a criminal case not capital is a matter of right, without giving security, and that, if filed within 60 days, it operates as a supersedeas. R. S. § 1007 (Comp. St. § 1666). The provision for security is…