United States v. Roth and Five Other Actions

Unlike the civil rules, under which the lack of timely appeal here would be quite clear, see Fed.Rules Civ. Proc. rule 58; United States v. Wissahickon Tool Works, 2 Cir., 200 F.2d 936, 939, and cases cited, the federal rules of criminal procedure do not cover the point in issue; and in United States v. Hark, 320 U.S. 531, 534, 64 S.Ct. 359, 361, 88 L.Ed. 290, decided by a divided bench, where it was “Unaided by statute or rule of court,” the Court relied on what it took to be a local practice for the evidencing of decision by later formal orders. A directly contrary practice in the Eastern…