The Archive · 1936

Opinion and Order

This'ts an application by defendants to be admitted to bail pending appeal from their conviction and sentence In this Court, The right of bail governed by No. VI of Rules promulgated by the Supreme Court of the United States, effective September 1, 1034, which reads as follows Ball. The defendant shall not be a fou Ball may be praniedby Where the "appellate court isnot "in fudge oF bythe. appellate. cor, Of,

Session, by any jude thereof gr by the Sireuit"susice., Ball anal not be fio: pears that Rule VI ix so now that it has received only' meagre discussion and construction by the United States) Courts, and so far as this Court can discover there are only two reported eases dealing with it. The first is) Kitiroll v. U.S.A. (C.G.A. 10), 70 Fed. 11, 383, which affords no assistance because the Appellate Court virtually decided tke merits of the appeal {n denying ball, "The, second case United Slates v. "Delaney, 8 Fed. Suppl. 224, which is a scholarly and! entertaining opinion by a U.S, District Judge of New Jersey, dealing in rather philosophical and non-legalistc fastion with the policy of denying] appeal ball after conviction,

Text read from the printed page and cleaned; old type leaves the occasional error.

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