U.S. Court of Appeals for the Sixth Circuit, 1927

Alberts v. United States

Alberts v. United States
U.S. Court of Appeals for the Sixth Circuit · Decided October 11, 1927
21 F.2d 968; 1927 U.S. App. LEXIS 2808 (Federal Reporter, Second Series)

Alberts v. United States

Opinion of the Court

PER CURIAM.

It appearing upon final hearing that the errors assigned are plainly frivolous, the writ of error will be dismissed; mandate will issue forthwith.

The case furnishes an illustration of delays which should not occur. Motion for a new trial was .denied August 13, 1926. A bill of exceptions, covering 38 printed pages, could well have been settled in a few days; but it was not done until March 19,1927. In such a case the court may well refuse to permit so much delay, even if there is consent by the district attorney, in whose office all matters which postpone execution of a sentence should, in our judgment, be given precedence over most, if not all, other business. If a review proceeding, so devoid of merit as this one, when docketed here, is brought to our notice by the district attorney, final disposition will be prompt.

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