Owen J. Roberts

“ No appeal is permitted where there has been a verdict in favor of the defendant. The Court of Appeals holding this act, so far as applicable, superseded section 935 of the District Code, [6] desires a ruling as to its jurisdiction on appeal where a decision will involve both a construction of the statute on which the indictment is based and a ruling as to the validity of the indictment as a pleading. We think, however, the answer is clear; for we are of opinion that the Criminal Appeals Act is inapplicable to criminal cases tried in the Supreme Court of the District. ”

“ United States v. Healey, 160 U.S. 136, 147, 16 S.Ct. 247, 40 L.Ed. 369; United States v. Greathouse, 166 U.S. 601, 605, 17 S.Ct. 701, 41 L.Ed. 1130; Petri v. Creelman Lumber Co., 199 U.S. 487, 497, 26 S.Ct. 133, 50 L.Ed. 281; Ex parte United States, 226 U.S. 420, 424, 33 S.Ct. 170, 57 L.Ed. 281; Washington v. ”