United States v. Sisson

Mr. Chief Justice Burger, with whom Mr. Justice Douglas and Mr. Justice White join,

dissenting.

Both the Government and Sisson have argued that this Court has jurisdiction to review the District Court’s *309action by virtue of the “arrest of judgment” clause in the Criminal Appeals Act, 18 U. S. C. § 3731, which provides for a direct appeal to this Court

“[f]rom a decision [1] arresting a judgment of conviction [2] for insufficiency of the indictment or information, [3] where such decision is based upon the invalidity or construction of the statute upon which the indictment or information is…