Legal Opinion

United States v. Evans

Supreme Court of the United States

Decided April 19, 1909No. 394PublishedCited by 47 opinions

CERTIORARI TO'THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts are stated in the opinion. Congress clearly intended to give the United States a right of appeal in criminal cases, after verdict. The statute seems to be free from doubt or ambiguity. 31 Stat-1189,1341 (§ 935, Code D. C.). The policy or wisdom of a statute is for the determination of the legislature, not of the courts.

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CERTIORARI TO'THE COURT OP APPEALS OP THE DISTRICT OP COLUMBIA. The facts are stated in the opinion. Congress clearly intended to give the United States a right of appeal in criminal cases, after verdict. The statute seems to be free from doubt or ambiguity. 31 Stat-1189,1341 (§ 935, Code D. C.). The policy or wisdom of a statute is for the determination of the legislature, not of the courts. The allowance of an appeal for the purpose of settling questions of law, practice and procedure for the guidance of trial courts in future cases is not new in the legislation of this country. State v.…

1Opinion of the CourtChief Justice Fuller

Appellees were tried under an indictment for murdér in the Supreme Court of the District of Columbia on February 1,1907, and found not guilty. The United States appealed to the Court of Appeals of the District, and'assigned error on exceptions taken during the trial to the exclusion of certain evidence. This right to appeal was claimed under § 935 of the Gode, which reads as follows:

“ In all criminal prosecutions the United States or the District of Columbia, as the case may be, shall have the same right of appeal as is given to the defendant, including the right to a bill of exceptions;…

2Cases cited4 opinions

  1. Hayburn's CaseSupreme Court of the United States · 1792
  2. United States v. SangesSupreme Court of the United States · 1892
  3. United States v. FerreiraSupreme Court of the United States · 1852
  4. United States v. KeitelSupreme Court of the United States · 1908

3Cited by47 opinions

  1. Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945
  2. Carroll v. United StatesSupreme Court of the United States · 1957
  3. Gustav Buchholz v. Meyer Njus Tanick, PACourt of Appeals for the Sixth Circuit · 2020
  4. Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
  5. Application of United Electrical, Radio & M. WorkersDistrict Court, S.D. New York · 1953

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