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UNITED STATES v. LIAS

No. 5865.

173 F.2d 685 (1949)

UNITED STATES v. LIAS.

United States Court of Appeals Fourth Circuit.

March 8, 1949.

Attorney(s) appearing for the Case

D. Paul Camiletti, Asst. U. S. Atty., of Wheeling, W. Va. (C. Lee Spillers, U. S. Atty., of Wheeling, W. Va., on the brief), for appellant.

M. E. Boiarsky, of Charleston, W. Va. (Frank A. O'Brien and Frank A. O'Brien, Jr., both of Wheeling, W. Va., and T. C. Townsend, of Charleston, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is a motion to dismiss an appeal by the United States from an order which vacated a judgment and sentence theretofore entered in a criminal case, permitted the defendant therein to withdraw his plea of guilty and enter a plea of not guilty and continued the case for hearing at a later day of the court. The government contends that the order was appealable, as an order arresting a judgment of conviction, under 18 U.S.C.A. § 3731. Defendant...

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