Legal Opinion

United States v. Schuermann

District Court, E.D. Missouri

Decided July 28, 1948No. Cr. No. 25673PublishedCited by 1 opinion

1Opinion of the Court

HULEN, District Judge.

Defendant’s application for -bail pending appeal is for ruling. Rule 46(a) (2), Federal Rules of Criminal Procedure, 18 U.S. C.A. following section 687, governs:

“Bail may be allowed pending appeal or certiorari only if it appears that the case 'involves a substantial question which should be determined by the appellate court. * * * ”

*251Prior to the adoption of the new criminal rules the Eighth Circuit Court of Appeals, in Bernacco et al. v. United States, 299 F. 787, 788, declared:

“The court is clear that the allowance to bail after conviction is not an absolute right, but…

2Cases cited5 opinions

  1. Kitrell v. United StatesCourt of Appeals for the Tenth Circuit · 1935
  2. Bernacco v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  3. United States v. DelaneyDistrict Court, D. New Jersey · 1934
  4. Hylton Flour Mills, Inc. v. BowenCalifornia Court of Appeal · 1933
  5. United States v. SchuermannDistrict Court, E.D. Missouri · 1948

3Cited by1 opinion

  1. State v. MacCioliNew Jersey Superior Court Appellate Division · 1970

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