Page:United States Statutes at Large Volume 62 Part 1.djvu/875

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 645-JUNE 25, 1948 the invalidity or construction of the statute upon which the indictment or information is founded. From the decision or judgment sustaining a motion in bar, when the defendant has not been put in jeopardy. An appeal may be taken by and on behalf of the United States from the district courts to a circuit court of appeals or the United States Court of Appeals for the District of Columbia, as the case may be, in all criminal cases, in the following instances: From a decision or judgment setting aside, or dismissing any indict- ment or information, or any count thereof except where a direct appeal to the Supreme Court of the United States is provided by this section. From a decision arresting a judgment of conviction except where a direct appeal to the Supreme Court of the United States is provided by this section. The appeal in all such cases shall be taken within thirty days after the decision or judgment has been rendered and shall be diligently prosecuted. Pending the prosecution and determination of the appeal in the foregoing instances, the defendant shall be admitted to bail on his own recognizance. If an appeal shall be taken, pursuant to this section, to the Supreme Court of the United States which, in the opinion of that Court, should have been taken to a circuit court of appeals, or the United States Court of Appeals for the District of Columbia, the Supreme Court of the United States shall remand the case to the circuit court of appeals or the United States Court of Appeals for the District of Columbia, as the case may be, which shall then have jurisdiction to hear and determine the same as if the appeal had been taken to that court in the first instance. If an appeal shall be taken pursuant to this section to any circuit court of appeals or to the United States Court of Appeals for the District of Columbia, which, in the opinion of such court, should have been taken directly to the Supreme Court of the United States, such court shall certify the case to the Supreme Court of the United States, which shall thereupon have jurisdiction to hear and determine the case to the same extent as if an appeal had been taken directly to that Court. § 3732. TAKING OF APPEAL; NOTICE; TIME--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Taking appeal; notice, contents, signing; time, Rule 37 (a). § 3733. ASSIGNMENT OF ERRORS--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Assignments of error on appeal abolished, Rule 37 (a) (1). Necessity of specific objection in order to assign error in instructions, Rule 30. § 3734. BILL OF EXCEPTIONS ABOLISHED--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Exceptions abolished, Rule 51. Bill of exceptions not required, Rule 37 (a) (1). § 3735. BAIL ON APPEAL OR CERTIORAI--(KRULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Bail on appeal or certiorari; application, Rules 38 (c) and 46 (a) (2). § 3736. CERTIORARI-(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Petition to Supreme Court, time, Rule 37 (b). Appeals to circuit court of appeals or U. S. Court of Ap- pealsfor D. C. Bail.

�