Chapter 176.
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/statutes-at-large/vol-20/chapter-176-1463476·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 176.— An act to give circuit courts appellate jurisdiction in certain criminal cases. March 3, 1879. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Circuit courts.Appellate criminal jurisdiction. The circuit court for each judicial district shall have jurisdiction of writs of error in all criminal cases tried before the district court where the sentence is imprisonment or line and imprisonment, or where, if a fine only, the fine shall exceed the sum of three hundred dollars; and in such case a respondent feeling himself aggrieved by a decision of a district court, may except to the opinion of the court, and tender his bill of exceptions, which, shall be settled and allowed according to the truth, and signed by the judge, and it shall be a part of the record of the case.
Sec. 2. Writ of error. Within one year next after the end of the term at which such sentence shall be pronounced, and not after, the respondent may petition for a writ of error from the judgment of the district court in the cases named in the preceding section, which petition shall be presented to the circuit judge or circuit justice in term or vacation, who, on consideration of the importance and difficulty of the questions presented in the record, may allow such writ of error, and may order that such writ shall operate as a stay of proceedings under the sentence; but the allowanceBond. of such writ shall not so operate without such order.
The judge or justice allowing such writ of error shall take a bond with sufficient sureties that the same shall be prosecuted to effect, and that the respondent Bail.shall abide the judgment of the circuit court thereon. And if the writ shall be allowed to operate as a stay of proceedings under the sentence, bail may in like manner be taken for the appearance of the respondent at the term of the circuit court to which such writ of error shall be returnable, and that he will not depart without leave of court.
Sec. 3. Return. Such writ of error so allowed shall be returnable to the next regular term of the circuit court for the district, and shall be served on the district attorney of the United States for such district. The circuit court may advance all such writs of error on its docket in order that Proceedings.speedy justice may be done. And in case of an affirmance of the judgment of the district court, the circuit court shall proceed to pronounce final sentence and to award execution thereon; but if such judgment shall be reversed, the circuit court may proceed with the trial of said cause de novo, or remand the same to the district court for further proceedings.
Approved, March 3, 1879.