Bucklin v. United States

Decision Date18 November 1895
Docket NumberNo. 246,246
Citation159 U.S. 680,16 S.Ct. 182,40 L.Ed. 304
PartiesBUCKLIN v. UNITED STATES
CourtU.S. Supreme Court

Thos. T. Taylor, for appellant.

Asst. Atty. Gen. Dickinson, for appellee.

Mr. Justice HARLAN delivered the opinion of the court.

The appellant, Bucklin, was convicted of the crime of perjury, under section 5392 of the Revised Statutes, and sentenced to imprisonment at hard labor in the penitentiary for the term of 1 1/2 years, and also to pay a fine of $100. He seeks a review of that judgment by the present appeal.

The appeal must be dismissed. By section 5 of the act of March 3, 1891 (26 Stat. 826, c. 517), 'appeals or writs of error may be taken from the district courts or from the existing circuit courts' of the United States directly to this court, in certain enumerated cases, civil and criminal; among others, 'in cases of conviction of a capital or otherwise infamous crime.' There was no purpose by that act to abolish the general distinction, at common law, between an appeal and a writ of error. The final judgment of a court of the United States in a case of the conviction of a capital or otherwise infamous crime is not reviewable here except upon writ of error. Our review of the judgment, when brought here in that form, is confined to questions of law, properly presented by a bill of exceptions, or arising upon the record.

Appeal dismissed.

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11 cases
  • Sprinkle v. United States
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • November 9, 1905
    ... ... court in entering judgment against them upon the verdict of ... the jury. This is a writ of error, which presents for ... consideration errors of law properly presented by a bill of ... exceptions or arising upon the record. Bucklin v. United ... States, 159 U.S. 680, 682, 16 Sup.Ct. 182, 40 L.Ed. 304, ... 305; Aetna Life Ins. Co. v. Ward, 140 U.S. 76, 91, ... 11 Sup.Ct. 720, 35 L.Ed. 371; Foster's Fed. Pr. § 496. No ... motion or request was made that the jury be instructed to ... find for the defendants, or either ... ...
  • Krause v. United States
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • August 20, 1906
    ... ... permissible under section 1024, Rev. St. U.S. (U.S. Comp. St ... 1901, p. 7201). Logan v. United States, 144 U.S ... 263, 12 Sup.Ct. 617, 36 L.Ed. 429; Pointer v. United ... States, 151 U.S. 401, 14 Sup.Ct. 410, 38 L.Ed. 208; ... Bucklin v. United States (No. 2) 159 U.S. 685, 16 ... Sup.Ct. 182, 40 L.Ed. 304 ... Neither ... was there reversible error in the action of the court in ... refusing the request of defendants for separate trials. In ... practice this is matter resting largely in the sound ... discretion of ... ...
  • Pesquera v. United States
    • United States
    • U.S. Court of Appeals — First Circuit
    • January 3, 1926
    ...Dreville, 12 Wall. 440 20 L. Ed. 429; Deland v. Platte County, 155 U. S. 221 15 S. Ct. 82, 39 L. Ed. 128; Bucklin v. United States, 159 U. S. 680, 682 16 S. Ct. 182, 40 L. Ed. 304, 305. On such a writ only matters of law are considered. The decision of the trial tribunal, court or jury, dec......
  • Edward Bessette v. Conkey Company
    • United States
    • U.S. Supreme Court
    • May 16, 1904
    ...12 Wall. 440, 20 L. ed. 429; Deland v. Platte County, 155 U. S. 221, 39 L. ed. 128, 15 Sup. Ct. Rep. 82; Bucklin v. United States, 159 U. S. 680, 40 L. ed. 304, 16 Sup. Ct. Rep. 182. On such a writ only matters of law are considered. The decision of the trial tribunal, court or jury, decidi......
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