United States v. Green (350 U.S. 415)/Dissent Douglas

Mr. Justice DOUGLAS, with whom THE CHIEF JUSTICE and Mr. Justice BLACK concur, dissenting.

The Government has no right to a direct appeal to this Court under 18 U.S.C. § 3731, 18 U.S.C.A. § 3731, if the District Court judgment 'was not placed solely upon the invalidity or construction of the statute'. United States v. Wayne Pump Co., 317 U.S. 200, 208, 63 S.Ct. 191, 196, 87 L.Ed. 184. (Italics added.) The presence of any additional and independent ground for the District Court's order is fatal to direct review here. I am convinced that there is such an independent ground for the District Court's judgment in this case. It is evident from the district judge's memorandum opinion, 135 F.Supp. 162, that his order granting the motions in arrest of judgment rested at least in part upon the insufficiency of the evidence to support the conviction. He considered facts not alleged in the indictment, e.g., that contractors in the community had customarily agreed to the employment of labor which allegedly was demanded by appellees, and that the trouble on the particular job was caused by a disagreement between the contractor and labor, not by an attempt to extort. I would therefore dismiss the Government's appeal.