Ray v. United States, 301 U.S. 158 (1937)
Ray v. United States
No. 604
Argued March 30, 1937
Decided April 26, 1937
301 U.S. 158
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. In a criminal case, when the time for filing a bill of exceptions is extended by the judge to a date which is a Sunday, that day is to be excluded and the bill may be filed on the day following. Criminal Appeals Rule XIII. P. 161.
Rule XIII provides:
For the purpose of computing time as specified in the foregoing rules, Sundays and legal holidays (whether under Federal law or under the law of the State where the case was brought) shall be excluded.
2. The limitation imposed upon the trial judge by Criminal Appeals Rule IX with respect to extension of the time for filing a bill of exceptions, does not apply to the Circuit Court of Appeals or to the trial judge acting under direction of that Court. P. 161.
3. The fundamental policy of the Criminal Appeals Rules is that as speedily as possible, upon the taking of the appeal, the Circuit Court of Appeals shall be invested with jurisdiction to see that the appeal is properly expedited and to supervise and control all proceedings on the appeal "including the proceedings relating to the preparation of the record on appeal." P. 163.
4. The duty of the Clerk of the trial court, under Rule IV, upon the filing of a notice of appeal, immediately to forward the duplicate notice to the clerk of the appellate court, together with a statement from the docket entries in the case substantially as provided in the form annexed to the Rules, is a ministerial duty. P. 163.
5. Under Rule IV, the Circuit Court of Appeals is empowered to vacate or modify any order of the trial court or judge in relation to the prosecution of the appeal, and this embraces the proceedings relating to the preparation of the record on appeal, including an order of the trial judge fixing the time for filing the bill of exceptions. P. 163.
6. The Circuit Court of Appeals has authority to return a bill of exceptions to the trial judge for appropriate corrections, including the setting forth of the evidence in condensed and narrative form. Rule IX. P. 164.
7. Supervision and control by the Circuit Court of Appeal under the Criminal Appeals Rules calls for the exercise of a sound judicial discretion, which will not be reviewed unless abused. A refusal to extend the time for filing a bill of exceptions beyond that fixed by the trial judge held, in the circumstances of this case, not an abuse of discretion. P. 166.
86 F.2d 942 affirmed.
Certiorari, 300 U.S. 647, to review a judgment of the Circuit Court of Appeals overruling a motion to amend the record and dismissing the appeal in a criminal case.