United States v. Moist, 231 U.S. 701 (1914)

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United States v. Moist


No. 378


Submitted October 22, 1913
Decided January 5, 1914
231 U.S. 701

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

Where it does not appear that the judgment sustaining a demurrer to the indictment turned upon any controverted construction of the statute, this Court has not jurisdiction to review under the Criminal Appeals Act of March 2, 1907.

In this case, as it does not appear upon what ground the court below acted in sustaining the demurrer, the writ of error is dismissed.

The facts are stated in the opinion.