United States v. Hark, No. 83

• Court: United States Supreme Court
• Writing for the Court: ROBERTS
• Citation: 320 U.S. 531,64 S.Ct. 359,88 L.Ed. 290
• Parties: UNITED STATES v. HARK et al
• Docket Number: No. 83
• Decision Date: 03 January 1944

320 U.S. 531 64 S.Ct. 359 88 L.Ed. 290 UNITED STATES

v.

HARK et al.

No. 83. Argued Dec. 8, 9, 1943. Decided Jan. 3, 1944. Rehearing Denied Jan. 31, 1944. See 321 U.S. 802, 64 S.Ct. 517.

Appeal from the District Court of the United States for the District of Massachusetts.

Mr. Paul A. Freund, of Washington, D.C., for appellant.

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Mr. William H. Lewis, of Boston, Mass., for appellees.

Mr. Justice ROBERTS delivered the opinion of the Court.

This appeal, prosecuted under the Criminal Appeals Act,¹ presents questions touching the jurisdiction of this court and the merits of the controversy.

Appellees were indicted December 21, 1942, for sales of beef in violation of Maximum Price Regulation No. 169, as amended, issued pursuant to the Emergency Price Control Act of 1942.² They moved to quash. The District Court rendered an opinion March 5, 1943, holding that, since the pertinent provisions of the regulation which the appellees were charged to have violated had been revoked prior to the return of the indictment, they could not be held to answer the charge.³ The last sentence of the opinion was: 'The motion to quash is granted.'

Under date of March 5 the clerk made an entry in the docket as follows: 'Sweeney, J. Opinion—Motion to quash is granted.' There seems to be no dispute that some days later an additional entry was placed upon the docket bearing the date March 5 and reading: 'Sweeney, J. Indictment quashed.' It further appears that, upon application of the United States Attorney, Judge Sweeney, on March 31, signed a formal order quashing the indictment.⁴ On the same day the clerk struck from the

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docket the last mentioned entry dated March 5 and entered, under the date March 31, the following: 'Sweeney, J. Order quashing indictment.' On April 30 Judge Sweeney allowed a petition for appeal to this court.

The appellees moved to dismiss the appeal on the grounds that it was not seasonably taken for the reason that the decision upon the motion to quash made by Judge Sweeney in his opinion of March 5 constituted the judgment of the court; and that, as the appeal is not based upon the invalidity or construction of the statute upon which the indictment was founded, it was improperly taken to this court under the Criminal Appeals Act. We postponed consideration of the motion to the hearing on the merits.

First. The Criminal Appeals Act requires that any appeal to this court which it authorizes be taken 'within thirty days after the decision or judgment⁵ has been rendered * * *.' Neither the District Court nor this court has power to extend the period. If the opinion filed on March 5 constituted, within the meaning of the Act, the decision or judgment of the District Court, or if either of the docket entries bearing date March 5 constituted the final decision

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or judgment, the appeal was untimely.⁶ The circumstances disclosed require that we determine what constitutes the decision or judgment from which an appeal lies in this case. We are without the benefit of a rule such as Rule 58 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which provides that 'the notation of a judgment in the civil docket as provided by Rule 79(a) constitutes the entry of the judgment; and the judgment is not effective before such entry.'

The judgment of a court is the judicial determination or sentence of the court upon a matter within its jurisdiction. No form of words and no peculiar formal act is necessary to evince its rendition or to mature the right of appeal. And the modes of evidencing the character of the judgment and of attesting the fact and time of its rendition vary from state to state according to local statute or custom, from a simple docket entry or the statement of a conclusion in an opinion, to a formal adjudication, signed by the judge or the clerk, in a journal or order book, or filed as part of the record in the case. The practice in federal courts doubtless varies because of the natural tendency to follow local state practice. Unaided by statute or rule of court we must decide on the bare record before us what constitutes the decision or judgment of the court below from which appeal must be taken within thirty days after rendition.

In view of the diverse practice and custom in District Courts we cannot lay down any hard and fast rule. Where, as here, a formal judgment is signed by the judge, this is prima facie the decision or judgment rather than a state-

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ment in an opinion or a docket entry.⁷ In recent cases we have so treated it. ⁸ But we are told by appellees that it is not the practice of the court below to require written orders, and that entry on the docket has always been considered as entry of judgment, and for this support is found in a letter from a deputy clerk of the court. On the other hand, the appellant calls our attention to five cases brought here under the Criminal Appeals Act from the District Court for Massachusetts in each of which the record contains a formal order quashing an indictment, and in four of which there was an opinion as well as the formal order.⁹ In view of these facts, we think we should give weight to the action of the judge rather than to the opinion of counsel or of a ministerial officer of the court. The judge was conscious, as we are, that he was without power to extend the time for appeal. He entered a formal order of record. We are unwilling to assume that he deemed this an empty form or that he acted from a purpose indirectly to extend the appeal time, which he could not do overtly. In the absence of anything of record to lead to a contrary conclusion, we take the formal order of March 31 as in fact and in law the pronouncement of the court's judgment and as fixing the date from which the time for appeal ran.

Second. This appeal is authorized by the Criminal Appeals Act. That Act permits a direct appeal to this court, inter alia, from a judgment of a District Court 'sustaining

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a special plea in bar.' The material question is not how the defendant's pleading is styled but the effect of the ruling sought to be reviewed;¹⁰ and we have, therefore, treated a motion to quash, the grant of which would bar prosecution for the offense charged, as a plea in bar within the purview of the statute.¹¹ The defense here was in bar of the prosecution; to sustain it was to end the cause and exculpate the defendants.

Third. We hold that revocation of the regulation did not prevent indictment and conviction for violation of its provisions at a time when it remained in force. The reason for the common law rule that the repeal of a statute ends the power to prosecute for prior violations¹² is absent in the case of a prosecution for violation of a regulation issued pursuant to...