In re Presentment by Grand Jury of Ellison

The government moved to dismiss this appeal by James Austin Ellison from a judgment of conviction of criminal contempt in the District Court for the District of Delaware. The motion was upon the ground that the appellant had made no application for the allowance of the appeal. Without passing upon the question whether such an appeal as this must be allowed before it may be prosecuted, upon which question the Supreme Court was equally divided in Nye v. United States, 313 U.S. 33, 44, 61 S.Ct. 810, 85 L.Ed. 1172, it is sufficient to say that the record discloses that this appeal was in fact…