Bernacco v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Missouri. Tony Bernacco and another were convicted of a crime and sentenced to fine and imprisonment. On motion for supersedeas and application for bail. Application for bail was denied by trial court, and defendants bring error.
1Per curiam
[1] This is a “motion for supersedeas” by plaintiffs in error, who stand convicted and sentenced to fine and to imprisonment. A supersedeas of the judgment of conviction “simply prevents the execution of the judgment of the trial court, and by no means involves tire question as to whether pending the writ of error he shall be detained or go at large upon bail.” McKnight v. United States, 113 Fed. 451, 452, 51 C. C. A. 285, 286. The important thing sought here is allowance of bail. The supersedeas of the judgment may be allowed. The allowance of bail will be considered more at length. Writ of…
2Cases cited8 opinions
- Hudson v. ParkerSupreme Court of the United States · 1895
- Ex parte HarlanUnited States Circuit Court for the Northern District of Florida · 1909
- McKnight v. United StatesCourt of Appeals for the Sixth Circuit · 1902
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
- United States v. St. JohnCourt of Appeals for the Seventh Circuit · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. MotlowCourt of Appeals for the Seventh Circuit · 1926
- United States v. St. ClairCourt of Appeals for the Eighth Circuit · 1930
- United States v. GlazerDistrict Court, E.D. Missouri · 1952
- United States v. SchuermannDistrict Court, E.D. Missouri · 1948
- Bernacco v. United StatesCourt of Appeals for the Eighth Circuit · 1925