United States v. Libichian

MAJOR, Circuit Judge.

This is an appeal by the United States from an order annulling and remitting a final judgment rendered on an estreated recognizance bond. The proceeding was instituted by petition predicated upon Sec*370tion 601, Title 18, U.S.C.A.,1 entitled “Remission of penalty of recognizance.” The court, by interlocutory order of May 12, 1939, overruled appellant’s motion to dismiss the petition, and after hearing, on June 17, 1939, entered its final order. Both •orders are involved in the appeal, but there seems to be no question but that the evidence supports the allegations of the…