United States v. Evans, 213 U.S. 297 (1909)

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United States v. Evans


No. 394


Submitted December 18, 1908
Decided April 19, 1909
213 U.S. 297

CERTIORARI TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA

Syllabus

Under § 935 of the Code of the District of Columbia, Act of March 3, 1901, c. 854, 31 Stat. 1341, a writ of error will not lie from the Court of Appeals to the Supreme Court of the District at the instance of the government to review a judgment based on a verdict of not guilty.

When the judgment appealed from cannot be affected by the decision of the appellate court, the case becomes a moot one, and the appeal should be dismissed; hearing and deciding such an appeal for the purpose of establishing a rule of observance in cases subsequently arising is not an exercise of judicial power.

Writ of certiorari to review 30 App.D.C. 58, quashed.

The facts are stated in the opinion.