United States v. Carter, 231 U.S. 492 (1943)

United States v. Carter

No. 722

Motion to dismiss submitted December 1, 1913
Decided December 15, 1913
231 U.S. 492

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Syllabus

Under the Criminal Appeals Act of March 2, 1907, this Court has no power to revise the mere interpretation of an indictment by the court below, but is confined to ascertaining whether that court erroneously construed the statute on which the indictment rested.

In this case, the writ of error is dismissed, as the ruling of the court below that the counts which were quashed were bad in law did not reasonably involve a construction of the statute, but may well have rested on the opinion of the court as to insufficiency of the indictment.

The facts, which involve the jurisdiction of this Court of appeals under the Criminal Appeals Act of March 2, 1907, are stated in the opinion.