UNITED STATES SUPREME COURT DECISIONS ON-LINE

1. When a United States Court of Appeals reverses a District Court in a criminal case because the evidence is not sufficient to sustain a conviction, and the defendant had made all proper and timely motions for acquittal and for a new trial in the District Court, the Court of Appeals is not required to direct a judgment of acquittal, but may direct a new trial. Pp. 338 U. S. 553-560.

(a) The authority to remand a cause and direct the entry of an "appropriate judgment" has long been exercised by federal appellate courts, and is now vested in the Court of Appeals by 28 U.S.C. § 2106. Pp. 338 U. S. 554-558.

(b) A different result is not required by Rule 29 of the Federal Rules of Criminal Procedure, since that Rule refers to proceedings in the District Court, and does not control the directions which a Court of Appeals may issue when it remands a cause to a District Court. Pp. 338 U. S. 558-559.

(c) On the record in this case, the direction of a new trial by the Court of Appeals was an "appropriate" judgment which was "just" under the circumstances, within the meaning of 28 U.S.C. § 2106. Pp. 338 U. S. 559-560.

2. Where an accused successfully seeks review of a conviction, having assigned several errors on appeal, including denial of a motion for acquittal, there is no double jeopardy upon a new trial. P. 338 U. S. 560.

175 F.2d 223 affirmed. clubjuris

Page 338 U. S. 553

Petitioner was convicted of an attempt to evade the income tax laws, and the District Court denied motions for the entry of a judgment of acquittal and for a new trial. The Court of Appeals reversed because the evidence was insufficient to sustain the verdict, and remanded the cause to the District Court with directions to grant a new trial. 175 F.2d 223. This Court granted certiorari. 338 U.S. 813. Affirmed, p. 338 U. S. 560.