United States v. Jones, 345 U.S. 377 (1953)

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Syllabus

Invoking the Criminal Appeals Act, 18 U.S.C. § 3731, the Government appealed directly to this Court from the District Court’s dismissal of an information charging appellee with violations of the Civil Rights Act, 18 U.S.C. § 242. The initial issue -- and a critical issue raised by the Government’s appeal involved questions relating to the District Court’s construction of the information, and not to that court’s interpretation of the scope of the Civil Rights Act.

Held: this Court is of the opinion that the appeal should have been taken to a court of appeals; and, in exercise of the power conferred upon it in such circumstances by 18 U.S.C. § 3731, this Court remands the appeal to the Court of Appeals for further proceedings in that court. Pp. 377-378.

108 F.Supp. 266, remanded to the Court of Appeals.