junctions or restraining orders in any case involving or growing out of a labor dispute, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the contempt shall have been committed.

This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders or process of the court. (June 25, 1948, ch. 645, § 1, 62 Stat. 844.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 111 of Title 29, U. S. C., 1940 ed., Labor (Mar. 23, 1932, ch. 90, § 11, 47 Stat. 72). The phrase "or the District of Columbia arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case involving or growing out of a labor dispute" was inserted and the reference to specific sections of the Norris-LaGuardia Act (sections 101-115 of Title 29, U. S. C., 1940 ed.) were eliminated.

CROSS REFERENCES

Injunctions in labor disputes as provided for by NorrisLaGuardia Act, see sections 101-110 and 112-115 of Title 29, Labor.

§ 3693. Summary disposition or jury trial; notice(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Summary punishment; certificate of judge; order; notice; jury trial; bail; disqualification of judge, Rule 42. (June 25, 1948, ch. 645, § 1, 62 Stat. 844.) Chapter 235.-APPEAL

Sec.

3731. Appeal by United States.

3732. Taking of appeal; notice; time-Rule. 3733. Assignment of errors-Rule.

3734. Bill of exceptions abolished-Rule. 3735. Bail on appeal or certiorari-Rule.

3736. Certiorari-Rule.

3737. Record-Rule.

3738. Docketing appeal and record-Rule.

3739. Supervision-Rule.

3740. Argument-Rule.

3741. Harmless error and plain error-Rule.

§ 3731. Appeal by United States.

An appeal may be taken by and on behalf of the United States from the district courts direct to the Supreme Court of the United States in all criminal cases in the following instances:

From a decision or judgment setting aside, or dismissing any indictment or information, or any count thereof, where such decision or judgment is based upon the invalidity or construction of the statute upon which the indictment or information is founded.

From a decision arresting a judgment of conviction for insufficiency of the indictment or information, where such decision is based upon the invalidity or construction of the statute upon which the indictment or information is founded.

From the decision or judgment sustaining a motion in bar, when the defendant has not been put in jeopardy.

An appeal may be taken by and on behalf of the United States from the district courts to a court of appeals in all criminal cases, in the following instances:

From a decision or judgment setting aside, or dismissing any indictment or information, or any count thereof except where a direct appeal to the Supreme Court of the United States is provided by this section.

From a decision arresting a judgment of conviction except where a direct appeal to the Supreme Court of the United States is provided by this section.

The appeal in all such cases shall be taken within thirty days after the decision or judgment has been rendered and shall be diligently prosecuted.

Pending the prosecution and determination of the appeal in the foregoing instances, the defendant shall be admitted to bail on his own recognizance.

If an appeal shall be taken, pursuant to this section, to the Supreme Court of the United States which, in the opinion of that Court, should have been taken to a court of appeals, the Supreme Court shall remand the case to the court of appeals, which shall then have jurisdiction to hear and determine the same as if the appeal had been taken to that court in the first instance.

If an appeal shall be taken pursuant to this section to any court of appeals which, in the opinion of such court, should have been taken directly to the Supreme Court of the United States, such court shall certify the case to the Supreme Court of the United States, which shall thereupon have jurisdiction to hear and determine the case to the same extent as if an appeal had been taken directly to that Court. (June 25, 1948, ch. 645, § 1, 62 Stat. 844; May 24, 1949, ch. 139, § 58, 63 Stat. 97.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 682 (Mar. 2, 1907, ch. 2564, 34 Stat. 1246; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 9, 1942, ch. 295, § 1, 56 Stat. 271).

The word "dismissing" was substituted for "sustaining a motion to dismiss" in two places for conciseness and clarity, there being no difference in effect of a decision of dismissal whether made on motion or by the court sua sponte.

Minor changes were made to conform to Rule 12 of the Federal Rules of Criminal Procedure. The final sentence authorizing promulgation of rules is omitted as redundant.

§ 3734. Bill of exceptions abolished-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Exceptions abolished, Rule 51.

Bill of exceptions not required, Rule 37 (a) (1). (June 25, 1948, ch. 645, § 1, 62 Stat. 845.)

§ 3735. Bail on appeal or certiorari-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Bail on appeal or certiorari; application, Rules 38 (c) and 46 (a) (2).

(June 25, 1948, ch. 645, § 1, 62 Stat. 845.)

§ 3736. Certiorari—(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Petition to Supreme Court, time, Rule 37 (b). (June 25, 1948, ch. 645, § 1, 62 Stat. 845.)

§ 3737. Record—(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Preparation, form; typewritten record, Rule 39 (b). Exceptions abolished, Rule 51.

Bill of exceptions unnecessary, Rule 37 (a) (1). (June 25, 1948, ch. 645, § 1, 62 Stat. 846.)

CROSS REFERENCES

Poor persons, costs of printing transcript and record on appeal in criminal cases to be paid by United States, see sections 550, 604, 753, 1915 and 1920 of Title 28, Judiciary and Judicial Procedure.

§ 3738. Docketing appeal and record-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Filing record on appeal and docketing proceeding; time, Rule 39 (c).

(June 25, 1948, ch. 645, § 1, 62 Stat. 846.)

§ 3739. Supervision-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Control and supervision in appellate court, Rule 39 (a). (June 25, 1948, ch. 645, § 1, 62 Stat. 846.)

§ 3740. Argument—(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Setting appeal for argument; preference to criminal appeals, Rule 39 (d).

(June 25, 1948, ch. 645, § 1, 62 Stat. 846.)

§ 3741. Harmless error and plain error-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Error or defect as affecting substantial rights, Rule 52. Defects in indictment, Rule 7.

Waiver of error, Rules 12 (b) (2) and 30. (June 25, 1948, ch. 645, § 1, 62 Stat. 846.) Chapter 237.-RULES OF CRIMINAL PROCEDURE

Sec.

3771. Procedure to and including verdict. 3772. Procedure after verdict.

§ 3771. Procedure to and including verdict.

The Supreme Court of the United States shall have the power to prescribe, from time to time, rules of pleading, practice, and procedure with respect to any or all proceedings prior to and including verdict, or finding of guilty or not guilty by the court if a jury has been waived, or plea of guilty, in criminal cases and proceedings to punish for criminal contempt of court in the United States district courts, in the district courts for the Territory of

Alaska, the district of the Canal Zone and the Virgin Islands, in the Supreme Courts of Hawaii and Puerto Rico, and in proceedings before United States commissioners. Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May, and until the expiration of ninety days after they have been thus reported. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.

Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede, or repeal any such rules heretofore prescribed by the Supreme Court. (June 25, 1948, ch. 645, § 1, 62 Stat. 846; May 24, 1949, ch. 139, § 59, 63 Stat. 98; May 10, 1950, ch. 174, § 1, 64 Stat. 158.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 687, 689 (June 29, 1940, ch. 445, 54 Stat. 688; Nov. 21, 1941, ch. 492, 55 Stat. 779).

The words "in the United States Court for China" were omitted inasmuch as that court is no longer functioning. The Secretary of State by an arrangement with China has relinquished the extraterritorial jurisdiction previously exercised by the United States in China. The Legislative and Judicial Appropriation Act of June 28, 1943, made no appropriation for the United States Court for China. Appropriations for other courts were made in title II of chapter 173, 57 Stat. 241. The last appropriation for the United States Court for China was in the act of July 2, 1942, ch. 472, title IV, 56 Stat. 502. The United States Court for China is not mentioned in rule 54 (a) of the Federal Rules of Criminal Procedure in which the courts to which the rules apply are listed.

The only other changes were phraseological and the consolidation of the provision for criminal contempt of section 689 of title 18, U. S. C., 1940 ed., in this section. SENATE REVISION AMENDMENT

The text of this section was changed by Senate amendments. See Senate Report No. 1620, amendments Nos. 11 and 12, 80th Cong.

AMENDMENTS

1950-Act May 10, 1950, amended section to allow proposed rule changes to be submitted to Congress not later than May 1st of each year and to become effective 90 days from the date of their being reported from the Supreme Court.

1949-Act May 24, 1949, amended section to reflect the changed nomenclature of the courts, and to permit amended procedural rules to be reported to the Congress by the Chief Justice instead of by the Attorney General. CROSS REFERENCES

District Court of Guam, rules promulgated under this section as applicable, see section 1424 of Title 48, Territories and Insular Possessions.

Judicial districts comprising the United States district courts, see sections 81-131 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE FOR THE DISTRICT COURTS OF THE UNITED STATES EFFECTIVE MARCH 21, 1946, AND AMENDED TO JANUARY 2, 1953

HISTORICAL NOTE

The original Rules of Criminal Procedure for the District Courts were transmitted to the Congress by the Attorney General on January 3, 1945, and became effective on March 21, 1946.

1. Indictment for Murder in the First Degree of Federal Officer.

2. Indictment for Murder in the First Degree on Federal Reservation.

3. Indictment for Mail Fraud.

4. Indictment for Sabotage.

5. Indictment for Internal Revenue Violation.

6. Indictment for Interstate Transportation of Stolen Motor Vehicle.

7. Indictment for Receiving Stolen Motor Vehicle. 8. Indictment for Impersonation of Federal Officer. 9. Indictment for Obtaining Money by Impersonation of Federal Officer.

10. Indictment for Presenting Fraudulent Claim Against the United States.

11. Information for Food and Drug Violation.

12. Warrant for Arrest of Defendant.

These rules govern the procedure in the courts of the United States and before United States commissioners in all criminal proceedings, with the exceptions stated in Rule 54.

NOTES OF ADVISORY COMMITTEE ON RULES

1. These rules are prescribed under the authority of two acts of Congress, namely: the Act of June 29, 1940, ch. 445, 18 U. S. C. former § 687 (now § 3771) (Proceedings in criminal cases prior to and including verdict: power of Supreme Court to prescribe rules) and the Act of November 21, 1941, ch. 492, 18 U. S. C. former § 689 (now §§ 3771, 3772) (Proceedings to punish for criminal contempt of court; application to sections 687 and 688). 2. The courts of the United States covered by the rules are enumerated in Rule 54 (a). In addition to Federal courts in the continental United States they include district courts in Alaska, Hawaii, Puerto Rico and the Virgin Islands. In the Canal Zone only the rules governing proceedings after verdict, finding or plea of guilty are applicable.

3. While the rules apply to proceedings before commissioners when acting as committing magistrates, they do not govern when a commissioner acts as a trial magistrate for the trial of petty offenses committed on Federal reservations. That procedure is governed by rules adopted by order promulgated by the Supreme Court on January 6, 1941 (311 U. S. 733), pursuant to the Act of October 9, 1940, ch. 785, secs. 1-5. See 18 U. S. C. former §§ 576576d (now §§ 3401, 3402) (relating to trial of petty offenses on Federal reservations by United States commissioners).

RULE 2. PURPOSE AND CONSTRUCTION These rules are intended to provide for the just determination of every criminal proceeding. They