John Marshall Harlan II

“ Blue filed a pretrial motion seeking dismissal of the indictment on several grounds. After a hearing the District Court granted the motion. The court stated orally that because of the jeopardy assessment and Tax Court proceeding Blue 'has been compelled and will be compelled to come forward on the same matters as are concerned in this criminal case, to testify against himself * * *.' [1] The Government filed a notice of appeal and the case was docketed in the Court of Appeals for the Ninth Circuit. ”

“ It is not entirely clear from Blue's brief and argument whether he seeks to sustain the dismissal below on other grounds that the District Court did not accept. See, supra, n. 1. Putting to one side jurisdictional difficulties this course might encounter under the direct-review statute, [4] we believe it is fairer to all to regard no other grounds as presented, thus reserving to Blue the opportunity to articulate them plainly and support them by the record. ”

“ Lawn v. United States, 355 U.S. 339, 78 S.Ct. 311, 2 L.Ed.2d 321; 8 Wigmore, Evidence § 2184a, at 40 (McNaughton rev. 1961) .↑ See Stern & Gressman, Supreme Court Practice § 2-11, at 31 33 (1962) ; Friedenthal, Government Appeals in Federal Criminal Cases, 12 Stan.L.Rev. 71, 97-100 (1959) . ”