Hanback v. District of Columbia

Must the defendant suffer because the judges have failed to enact a procedural rule to fit his case ? Must he lose his right to be heard on appeal because the courts— the Municipal Court and this Court — have omitted to prescribe how a defendant in a misdemeanor case can manage-to stay out of jail while his appeal is pending?

There was such a rule, clear and definite, when these cases were tried in the old Police Court, and the review was by the United States Court of Appeals. Then the statute, Code 1940,' 17 — 103, provided that a defendant seeking a review of his conviction should enter into…