United States v. Eric Martin Jarrett

OPINION OF THE COURT

After a trial before the district court sitting without a jury, the appellant was found guilty of willfully refusing to submit to induction under the Universal Military Training and Service Act. On June 30, 1970 the district court denied a motion for a new trial. This appeal followed. However, no sentence has yet been imposed pursuant to the conviction.

Neither the order finding the accused guilty nor the order denying a new trial is an appealable final order absent any imposition of sentence. United States v. Knight, 3d Cir. 1947, 162 F.2d 809. “To create finality it was…