“ To suggest that if the mere form in which a ruling is clothed be made the test of the power to review, it will result that the exertion of the authority may be rendered unavailing in every case, is without foundation. It is not to be assumed that trial courts will not seek rightfully to discharge their duty. ”

“ But the right to a review in a criminal case, being controlled by the general law, it follows that a case cannot be brought within the control of the special rule provided by the criminal appeals act unless it clearly appears that the exceptional, and not the general, rule applies. Aside from this consideration, we cannot give our approval to the suggestion made by the government, since in effect it virtually calls upon us to analyze and construe the indictment as a prerequisite basis for the exertion of the limited power to review the action of the court in interpreting the statute. ”

“ Indeed, to follow the suggestion would be to frustrate the purposes which manifestly the jurisdictional act was enacted to accomplish; because the intent to expedite in criminal cases the decision of questions involving statutory construction which was plainly one of the ends for which the law was intended would be of little avail if the right to review be extended by implication so as to embrace cases not within the purview of the statute, thereby multiplying appeals and delaying the speedy decision of such cases. ”