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United States v. Hark, 320 U.S. 531 (1944)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Hark, 320 U.S. 531 (1944)
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United States v. Hark No. 83 Argued December 8, 9, 1943 Decided January 3, 1944 320 U.S. 531
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF MASSACHUSETTS
Syllabus
1. Neither the District Court nor this Court has power to extend the time within which appeals may be taken under the Criminal Appeals Act. P. 533.
2. A formal judgment signed by the judge, rather than a statement in an opinion or a docket entry, is prima facie the decision or judgment in respect of which the time for appeal under the Criminal Appeals Act begins to run. P. 534.
3. In the circumstances of this case, held that the formal order signed by the judge and entered of record, rather than an earlier opinion or docket entry, was the judgment fixing the date from which the time for appeal under the Criminal Appeals Act ran, and the appeal here was timely. P. 535.
4. An order granting a defendant’s motion to quash, the effect of which is to bar prosecution for the offense charged, is appealable under the Criminal Appeals Act as a judgment "sustaining a special plea in bar." P. 535.
5. Revocation of a price regulation issued pursuant to the Emergency Price Control Act of 1942 held not a bar to an indictment and prosecution for a violation committed when the regulation was in force. P. 536.
49 F.Supp. 95 reversed.
Appeal under the Criminal Appeals Act from an order granting the defendants’ motion to quash the indictment.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Hark, 320 U.S. 531 (1944) in 320 U.S. 531 320 U.S. 532. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=9FRQUP8C1LEBYIJ.
MLA: U.S. Supreme Court. "Syllabus." United States v. Hark, 320 U.S. 531 (1944), in 320 U.S. 531, page 320 U.S. 532. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9FRQUP8C1LEBYIJ.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Hark, 320 U.S. 531 (1944). cited in 1944, 320 U.S. 531, pp.320 U.S. 532. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=9FRQUP8C1LEBYIJ.
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