Forte v. United States
302 U.S. 220 (1937)

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U.S. Supreme Court

Forte v. United States, 302 U.S. 220 (1937)

Forte v. United States

No. 459

Argued November 15, 193

Decided December 6, 1937

302 U.S. 220

Syllabus

1. A bill of exceptions agreed to by counsel and filed with the clerk of the District Court within the time allowed for settlement by No. IX of the Criminal Appeals Rules, but not settled and signed by the judge until afterwards, is not settled in time. P. 302 U. S. 223.

If the trial judge is absent from the district, the rule permits settlement by any other judge assigned to hold, or holding, the court in which the case was tried.

2. Where the Court of Appeals decides a criminal appeal for the appellant upon the assumption that the bill of exceptions is properly before it, and the objection that the bill was not settled in time is first made by the Government's petition for rehearing, that court, exercising its broad authority under Rule No. IV, may, in the interest of justice, refuse to strike the bill of exceptions, and may approve the settlement and filing theretofore had. P. 302 U. S. 223.

Page 302 U. S. 221

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