Opinion
No. 4341.
May 4, 1948.
Appeals from the District Court of the United States for the District of Massachusetts; George C. Sweeney, Judge.
Milton E. Copp and others were indicted for making false and fraudulent representations in violation of Cr. Code, § 35(A), 18 U.S.C.A. § 80, and with attempting to evade and defeat income tax due and owing in violation of 26 U.S.C.A. Int.Rev. Code, § 145(b). The defendants filed a motion for bill of particulars in each case. From an order denying the motion the defendants appeal. The appeals were consolidated. On motion of the United States to dismiss the appeals on the ground that the matter was prematurely and improperly before the court, in that the court had no jurisdiction of an appeal from an interlocutory order denying motion for bill of particulars prior to trial of case on the merits. The government contended that Federal Rules of Criminal Procedure, rule 37(a), 18 U.S.C.A. following section 687, providing that an appeal by defendant may be taken within ten days after entry of judgment or order appealed from, did not change the basic law that an appeal only lies from a final judgment. On motion to docket and dismiss appeal.
Appeal dismissed for lack of jurisdiction.
Jackson J. Holtz, of Boston, Mass., for appellants.
William T. McCarthy, U.S. Atty., and Joseph M. Hargedon, Asst. U.S. Atty., both of Boston, Mass., for appellee.
Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.
Upon motion of appellee, it is ordered that this consolidated case be docketed, and it is further ordered that the appeals herein be, and the same hereby are, dismissed for lack of jurisdiction.