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UNITED STATES V. BURROUGHS, 289 U. S. 159 (1933)

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U.S. Supreme Court

United States v. Burroughs, 289 U.S. 159 (1933)

United States v. Burroughs

No. 683

Argued March 14, 15, 1933

Decided April 10, 1933

289 U.S. 159


1. Under § 935 of the Code of Laws for the District of Columbia, passed in 1901, the Court of Appeals of the District has jurisdiction of an appeal by the United States from a judgment of the Supreme Court of the District which sustained a demurrer to an indictment on two grounds, one involving a construction of the statute on which the indictment was founded and the other a construction of the indictment, and, on such appeal, the ruling of the trial court based on the construction of the statute is reviewable. P. 289 U. S. 161.

2. The Criminal Appeals Act, passed in 1907, providing for direct review by this Court of decisions of the "district or circuit courts" quashing indictments when based upon the invalidity or construction of the statutes upon which the indictments are founded, etc., chanroblesvirtualawlibrary

Page 289 U. S. 160

is not to be construed as applicable to the court of the District of Columbia and as working an implied repeal of the appellate system established under § 935 of the D.C. Code. P. 289 U. S. 161.

3. Implied repeals are not favored, and if effect can reasonably be given to both statutes, the presumption is that the earlier is intended to remain in effect. P. 289 U. S. 164.

4. The declarations of the District Code (Title 18, § 43) that the Supreme Court of the District is to be "deemed a court of the United States," and "shall possess the same powers and exercise the same jurisdiction a district courts of the United States," do not make that court a district court of the United States. P. 289 U. S. 163.

Response to questions certified by the Court of Appeals of the District of Columbia upon appeal by the United States from a judgment sustaining a demurrer to an indictment for violation of the Federal Corrupt Practices Act.

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