[DOWNLOAD] "Beach v. District Columbia" by District of Columbia Court of Appeals. ~ Book PDF Kindle ePub Free

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eBook details

• Title: Beach v. District Columbia
• Author : District of Columbia Court of Appeals.
• Release Date : January 29, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

HOOD, Associate Judge. The petitioner asks leave of this court to file notice of appeal from a judgment of conviction in the
Criminal Division of The Municipal Court for the District of Columbia, the time for filing such notice having expired. The
immediate question for our consideration is whether this court has power to grant such relief. The Act creating this court gave it authority to regulate all matters relating to appeals [Code 1940, 11-772(a)], and directed
that its rules should conform as nearly as practicable to the Federal Rules of Civil Procedure. 28 U.S.C.A. following section
723c. Code 1940, 11-774(b). Pursuant to that authority and direction, this court provided that an appeal, in both civil and
criminal cases, should be taken by the filing of a notice of appeal. Rules 16, 17 and 18. Cf. Federal Rules of Civil Procedure,
rule 73. The Federal Rules of Civil Procedure do not fix the time for filing the notice of appeal; and since one purpose of
Congress in creating this court was to provide a method of expeditious appeal (District Hauling & Construction Co., Inc.,
v. Argerakis, D.C.Mun.App., 34 A.2d 31), we fixed ten days as the time for filing notice of appeal in civil cases, five days
in criminal cases, and five days in Juvenile Court cases. Rule 27(a), (b), (c). 1 The five day period in criminal cases
conforms to the time fixed for notice of appeal by Rule III of the Rules of Practice and Procedure in Criminal Cases, 18 U.S.C.A.
following section 688, adopted by the Supreme Court of the United States. 292 U.S. 660, 662, 54 S.Ct. xxxvii.

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