Edward D. Putty v. United States

I agree that the judgment must be reversed and the information ordered dismissed. Of course Congress might have withdrawn from this Court all jurisdiction to entertain the appeal here, Ex Parte McCardle, 7 Wall. 506, 19 L.Ed. 264; National Exchange Bank of Baltimore v. Peters, 144 U.S. 570, 12 S.Ct. 767, 36 L.Ed. 545, but § 3 of the Act of August 27, 1954, quoted in Judge Denman’s opinion, does not purport to do that. This Court still has jurisdiction to hear the appeal but under § 3 it cannot set aside the conviction on the ground there named; — we may hear the appeal but we may not reverse…