Potter Stewart,
United States v. Fruehauf — Dissent
“ United States v. Borden Co., 308 U.S. 188, 192-194, 60 S.Ct. 182, 185, 84 L.Ed. 181. ' (I) n reviewing a direct appeal from a District Court under the Criminal Appeals Act, supra, our review is limited to the validity or construction of the contested statute. For 'The Government's appeal does not open the whole case." United States v. Petrillo, 332 U.S. 1, 5, 67 S.Ct. 1538, 1541, 91 L.Ed. 1877.I think the issue whether a loan of money came within the proscriptions of the statute is before us now and should be decided. I further think this is the only issue properly before us. ”
