292 U.S.

Decisions Denying Certiorari.

TRUSTEE, v.

June 4, 1934.

No. 1047. GOTTLIEB, EXECUTOR AND WHITE, COLLECTOR OF INTERNAL REVENUE. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit denied. Messrs. Samuel Gottlieb and J. Weston Allen for petitioner. Solicitor General Biggs, Assistant Attorney General Wideman, Miss Helen Carloss, and Mr. James W. Morris for respondent. Reported below: 69 F. (2d) 792.

No. 1048. ROBINSON, TRUSTEE IN BANKRUPTCY, V. WALTHAM NATIONAL BANK; and

No. 1049. SAME V. WALTHAM TRUST Co. June 4, 1934. Petition for writs of certiorari to the Supreme Judicial Court of Massachusetts denied. Mr. Edmond A. Whitman for petitioner. Messrs. William J. Bannan and John J. Flynn for respondents. Reported below: 285 Mass. 404; 189 N.E. 204.

No. 1062. WEEK ET AL. v. HELVERING, COMMISSIONER OF INTERNAL REVENUE. June 4, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Messrs, A. Henry Walter and Fred B. Morrill for petitioners. Solicitor General Biggs, Assistant Attorney General Wideman, and Mr. James W. Morris for respondent. Reported below: 68 F. (2d) 693.

No. 1095. INTERSTATE FOLDING BOX Co. v. EMPIRE Box CORP. June 4, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. John Weld Peck for petitioner. Messrs. A. C. Paul and Maurice M. Moore for respondent. Reported below: 68 F. (2d) 500.

Nos. 1026, 1027, and 1028. TYSON ET AL. v. COMMISSIONER OF INTERNAL REVENUE. June 4, 1934. Petition

Cases Disposed of Without Consideration by the Court. 292 U.S.

for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Arnold R. Baar for pe titioners. Solicitor General Biggs, Assistant Attorney General Wideman, and Messrs. James W. Morris and Lucius A. Buck for respondent. Reported below: 68 F. (2d) 584.

Nos. 1050 and 1053. JAMISON ET AL. v. EDWARDS, FORMERLY COLLECTOR OF INTERNAL REVENUE;

Nos. 1051 and 1054. Nos. 1052 and 1055. SAME v. LOWE, FORMERLY COLLECTOR OF INTERNAL REVENUE. June 4, 1934. Petition for writs of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. W. A. Seifert, John G. Frazer, Frank C. Miller, and Arthur Gunther for petitioners. Solicitor General Biggs, Assistant Attorney General Wideman, and Messrs. James W. Morris and Edward H. Horton for respondents. Reported below: 68 F. (2d) 1006.

SAME v. BOWERS, EXECUTOR; and

CASES DISPOSED OF WITHOUT CONSIDERATION BY THE COURT, FROM MARCH 20 TO AND INCLUDING JUNE 4, 1934.

No. 801. NEWCOMB ET AL. v. YORK ICE MACHINERY CORP. April 30, 1934. On petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit. Dismissed on motion of Mr. W. M. Pardue for petitioners. Reported below: 68 F. (2d) 314.

RULES OF PRACTICE AND PROCEDURE, AFTER PLEA OF
GUILTY, VERDICT OR FINDING of Guilt, IN CRIMINAL
CASES BROUGHT IN THE DISTRICT COURTS OF THE

UNITED STATES AND IN THE SUPREME COURT
OF THE DISTRICT OF COLUMBIA

PROMULGATED MAY 7, 1934

659

ACT OF MARCH 8, 1934, AMENDING ACT OF
FEBRUARY 24, 1933.

AN ACT

To amend an Act entitled "An Act to give the Supreme Court of the United States authority to prescribe rules of practice and procedure with respect to proceedings in criminal cases after verdict."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of February 24, 1933 (ch. 119), entitled "An Act to give the Supreme Court of the United States authority to prescribe rules of practice and procedure with respect to proceedings in criminal cases after verdict" (U.S.Ĉ., title 28, sec. 723a), be, and the same is hereby, amended to read as follows:

"That the Supreme Court of the United States shall have the power to prescribe, from time to time, rules of practice and procedure with respect to any or all proceedings after verdict, or finding of guilt by the court if a jury has been waived, or plea of guilty, in criminal cases in district courts of the United States, including the District Courts of Alaska, Hawaii, Puerto Rico, Canal Zone, and Virgin Islands, in the Supreme Courts of the District of Columbia, Hawaii, and Puerto Rico, in the United States Court for China, in the United States Circuit Courts of Appeals, in the Court of Appeals of the District of Columbia, and in the Supreme Court of the United States: Provided, That nothing herein contained shall be construed to give the Supreme Court the power to abridge the right of the accused to apply for withdrawal of a plea of guilty, if such application be made within ten days after entry of such plea, and before sentence is imposed.

"SEC. 2. The right of appeal shall continue in those cases in which appeals are now authorized by law, but the rules made as herein authorized may preribe the times for and manner of taking appeals and applying for writs of certiorari and preparing records and bills of exceptions and the conditions on which supersedeas or bail may be allowed. "SEC. 3. The Supreme Court may fix the dates when such rules shall take effect and the extent to which they shall apply to proceedings then pending, and after they become effective all laws in conflict therewith shall be of no further force."

Approved, March 8, 1934.

660

Rules of Practice and Procedure, after plea of guilty, verdict or finding of guilt, in Criminal Cases brought in the District Courts of the United States and in the Supreme Court of the District of Columbia.

ORDER.

Pursuant to the provisions of the Act of Congress, approved March 8, 1934, amending an Act entitled "An Act to give the Supreme Court of the United States authority to prescribe Rules of Practice and Procedure with respect to proceedings in criminal cases after verdict" (Act of February 24, 1933, c. 119, U.S.C., Title 28, Sec. 723(a))

It is ordered on this seventh day of May, 1934, that the following rules be adopted as the Rules of Practice and Procedure in all proceedings after plea of guilty, verdict of guilt by a jury or finding of guilt by the trial court where a jury is waived, in criminal cases in District Courts of the United States and in the Supreme Court of the District of Columbia, and in all subsequent proceedings in such cases in the United States Circuit Courts of Appeals, in the Court of Appeals of the District of Columbia, and in the Supreme Court of the United States.

It is further ordered that these rules shall be applicable to proceedings in all cases in which a plea of guilty shall be entered or a verdict or finding of guilt shall be rendered, on or after the first day of September, 1934.

I. Sentence. After a plea of guilty, or a verdict of guilt by a jury or finding of guilt by the trial court where a jury is waived, and except as provided in the