United States v. Dickinson, 213 U.S. 92 (1909)

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United States v. Dickinson


No. 362


Argued January 4, 5, 1909
Decided April 5, 1909
213 U.S. 92

CERTIORARI TO THE CIRCUIT COURT OF
APPEALS FOR THE FIRST CIRCUIT

Syllabus

The writ of certiorari cannot be granted under the Act of March 3, 1891, c. 517, 26 Stat. 826, in a criminal case at the instance of the United States whatever the supposed importance of the questions involved. United States v. Sanges, 144 U.S. 310, distinguished.

The power of this Court to issue the writ of certiorari under § 14 of the Judiciary Act of 1789, now § 716, Rev.Stat., is not a grant of appellate jurisdiction to review for correction of mere error.

The Act of March 2, 1907, c. 2564, 34 Stat. 1246, giving an appeal to the government in certain criminal cases cannot be extended beyond its terms, or construed so as to extend the power of certiorari under the Act of March 3, 1891, c. 517, 26 Stat. 826, to bring up a criminal case for the correction of mere error at the instance of the United States.

Certiorari to review 159 F. 801 dismissed.

The facts are stated in the opinion.