UNITED STATES SUPREME COURT DECISIONS ON-LINE

The object of the Act of March 3, 1891, c. 517, 26 Stat. 826, was to distribute the appellate jurisdiction of this Court between it and the circuit court of appeals, and to abolish the appellate jurisdiction of the circuit court.

Although where a real constitutional question exists, a writ of error can be sued out directly from this Court to the trial court under § 5 of the act of 1891, the right to do so is lost by taking an appeal to the circuit court of appeals. Robinson v. Caldwell, 165 U. S. 359.

The circuit court of appeals does not lose its jurisdiction of an appeal under § 6 of the act of 1891 because questions were involved which would have warranted a direct appeal to this Court under § 5 of that act.

Where the case can be taken directly to this Court under § 5, or to the circuit court of appeals under § 6, and the latter appeal is taken, while a writ of error will lie to the circuit court of appeals if the jurisdiction of the Circuit Court rests, as shown by plaintiff's statement, on grounds, one of which is reviewable by this Court, it will not lie if the only ground of jurisdiction is one where the judgment of the circuit court of appeals is final.

The judgment of the circuit court of appeals in a criminal case is final, and is no less so because the appellate jurisdiction of this Court might have been invoked directly under § 5 of the act of 1891.

The facts are stated in the opinion. clubjuris

Page 213 U. S. 291