Chapter 2564. Providing for writs of error in certain instances in criminal cases
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CHAP. 2564.— An Act Providing for writs of error in certain instances in criminal cases. March 2, 1907. [[H. R. 15434](/us/bill/34/hr/15434).] [[Public, No. 223](/us/pl/34/223).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Writs of error in criminal cases allowed by United States to Supreme Court. That a writ of error may be taken by and on behalf of the United States from the district or circuit courts direct to the Supreme Court of the United States in all criminal cases, in the following instances, to wit:
Instances.On demurrers to indictments.From a decision or judgment quashing, setting aside, or sustaining a demurrer to, any indictment, or any count thereof, where such decision or judgment is based upon the invalidity, or construction of the statute upon which the indictment is founded. On arrest of judgment for insufficiency of indictment.From a decision arresting a judgment of conviction for insufficiency of the indictment, where such decision is based upon the invalidity or construction of the statute upon which the indictment is founded.
Special plea in bar:From the decision or judgment sustaining a special plea in bar, when the defendant has not been put in jeopardy. Time limit, etc.The writ of error in all such cases shall be taken within thirty days after the decision or judgment has been rendered and shall be diligently prosecuted and shall have precedence over all other cases. Bail.Pending the prosecution and determination of the writ of error in the foregoing instances, the defendant shall be admitted to bail on his *Proviso.*Not allowed if verdict for defendant.own recognizance: *Provided,* That no writ of error shall be taken by or allowed the United States in any case where there has been a verdict in favor of the defendant.
Approved, March 2, 1907.