UNITED STATES OF AMERICA, APPELLANT,
v.
MAURICE A. WHEELER, APPELLEE

3d Cir. | 1958-06-24
No. 12483
256 F.2d 745 United States Court of Appeals for the Third Circuit (1958) Caution
Cited by 38 cases

Opinion of the Court
McLAUGHLIN, Circuit Judge.

McLAUGHLIN, Circuit Judge.

This case raises a number of weighty questions, the only one of which we will have to decide is whether there are sufficient reasons for sustaining the granting of a motion upon the second rehearing thereof by a second judge of a district court after a first judge of the same court had already twice denied it.

The defendant was indicted on Septem-her 9, 1954 for evading 1950 income taxes jn ajj criminai cases, in the fol-iowing instanceSi to wit;

“From a decision or judgment quashing, getting aside, or sustaining a demurrer or plea in abatement to 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 Act.”


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