United States v. Malphurs, 316 U.S. 1 (1942)

United States v. Malphurs

No. 568

Argued March 5, 6, 1942
Decided April 6, 1942
316 U.S. 1

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF FLORIDA

Syllabus

Although this Court has jurisdiction under the Criminal Appeals Act to pas upon the correctness of the order of the District Court in this case sustaining a demurrer to the indictment on the sole ground that §§ 3 and 4 of the Hatch Act were inapplicable, the judgment is vacated and the cause is remanded for consideration by the District Court of the continued existence and applicability of the statutes, other than the Hatch Act, referred to in this opinion. P. 3.

41 F.Supp. 817 reversed.

Appeal under the Criminal Appeals Act from a judgment sustaining a demurrer to an indictment.