United States v. Warring

CHESNUT, District Judge.

The defendant has been convicted after a trial by a jury for attempted evasion of income taxes in a large amount for the year 1947. After sentence was imposed the defendant has noted an appeal and has made a motion for release on bail pending the appeal.

The applicable rule of criminal procedure is rule 46(a) (2), 18 U.S.C., which reads:

“Bail may be allowed pending appeal or certiorari only if it appears that the case involves a substantial question which should be determined by the appellate court. Bail may be allowed by the trial judge or by the appellate court or by…