Opinion · Court of Appeals for the D.C. Circuit
Lucas v. United States
201 F.2d 182
- Type
- Opinion
- Court
- Court of Appeals for the D.C. Circuit
- Jurisdiction
- Federal
- Date
- 1952-10-24
- Topic
- general
PER CURIAM. Appellant filed in the District Court a motion to stay grand jury proceedings. He said that on September 24, 1952, he appeared for a preliminary hearing before a judge in the Municipal Court, sitting as a committing magistrate. He was charged by information with committing assault with a dangerous weapon. Upon the •Government’s request, and without objection, a continuance until October 8th was granted, because one of the complaining witnesses was in the hospital.
Citator
UpLaw has not yet analyzed Lucas v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 5 opinions
LUCAS v. UNITED STATES.,201 F.2d 182(D.C. Cir. 1952)
LUCAS v. UNITED STATES.
No. 11582.
United States Court of Appeals, District of Columbia Circuit.
Argued October 24, 1952.
Decided October 24, 1952.
Page 183
Joseph M. Howard, Asst. U.S. Atty., Washington, D.C., with whom Charles M. Irelan, U.S. Atty., and John C. Conliff, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.
Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.
Addendum
November 5, 1952.
The attention of the court has been directed to a procedural point not considered in the opinion heretofore filed in this cause. Appellant titled his motion in the District Court as though in a criminal proceeding — "The United States of America v. Rocco A. Colandero, et al., Grand Jury No. 1560-52." Thus viewed, the order denying it was clearly interlocutory and was not appealable. If the action be treated as a civil action formandamusor prohibition, as was the case in James v. Lawrence, supra, the District Court had no jurisdiction, since the action was brought against the sovereign United States. The practical result is the same in either event, so far as appellant is concerned. We think it better to cast the order of this court in the form in which appellant cast his action. Therefore, our order affirming the District Court judgment will be vacated and the appeal dismissed for lack of jurisdiction.
Appeal dismissed.
- James v. Lawrence, 1949, 84 U.S.App. D.C. 355,176 F.2d 18. ↩