United States v. Virgil F. Kanan, Donald R. Elbel, George M. Hill, R. E. Wolfe, Martin Breitenbach and James F. Byrne

BARNES, Circuit Judge:

This is an appeal by the United States from an order of the United States District Court for the District of Arizona entered on September 24, 1963, dismissing an indictment on the ground that all the evidence before the grand jury had been illegally obtained. Appellant asserts this court possesses jurisdiction to entertain this appeal under the Criminal Appeals Act, 18 U.S.C. § 3731. The relevant portion of that section reads as follows:

“An appeal may be taken by and on behalf of the United States from the district courts to a court of appeals in all criminal cases, in…