United States v. John Lee Hester

JAMESON, District Judge:

The United States, appellant here, seeks a reversal of an order of the district court dismissing an indictment, or, in the alternative, for a writ vacating the judgment of dismissal and ordering the trial judge to reinstate the indictment and set a date for trial. The United States in effect concedes that an appeal will not lie under the Criminal Appeals Act, 18 U.S.C.A. § 3731, construed by this court in United States v. Apex Distributing Co., 9 Cir., 1959, 270 F.2d 747. Accordingly, the sole question for determination is whether the dismissal of the indictment by the…