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UNITED STATES V. HARK, 320 U. S. 531 (1944)

U.S. Supreme Court

United States v. Hark, 320 U.S. 531 (1944)

United States v. Hark

No. 83

Argued December 8, 9, 1943

Decided January 3, 1944

320 U.S. 531


1. Neither the District Court nor this Court has power to extend the time within which appeals may be taken under the Criminal Appeals Act. P. 320 U. S. 533.

2. A formal judgment signed by the judge, rather than a statement in an opinion or a docket entry, is prima facie the decision or judgment in respect of which the time for appeal under the Criminal Appeals Act begins to run. P. 320 U. S. 534.

3. In the circumstances of this case, held that the formal order signed by the judge and entered of record, rather than an earlier opinion or docket entry, was the judgment fixing the date from which the time for appeal under the Criminal Appeals Act ran, and the appeal here was timely. P. 320 U. S. 535.

4. An order granting a defendant's motion to quash, the effect of which is to bar prosecution for the offense charged, is appealable under the Criminal Appeals Act as a judgment "sustaining a special plea in bar." P. 320 U. S. 535.

5. Revocation of a price regulation issued pursuant to the Emergency Price Control Act of 1942 held not a bar to an indictment and prosecution for a violation committed when the regulation was in force. P. 320 U. S. 536.

49 F.Supp. 95 reversed.

Appeal under the Criminal Appeals Act from an order granting the defendants' motion to quash the indictment.

Page 320 U. S. 532

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