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UNITED STATES V. EVANS, 213 U. S. 297 (1909)

U.S. Supreme Court

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

United States v. Evans

No. 394

Submitted December 18, 1908

Decided April 19, 1909

213 U.S. 297


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.

Page 213 U. S. 299

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