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UNITED STATES v. MARGIOTTA

Nos. 266, 267 and 429, Dockets 81-1190, 81-1258 and 81-3073.

662 F.2d 131 (1981)

UNITED STATES of America, Appellant, v. Joseph M. MARGIOTTA, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 13, 1981.

Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Vivian Shevitz, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y., of counsel), for appellant.

Daniel J. Hurson, Washington, D. C. (William G. Hundley, Larry S. Gondelman, Washington, D. C., and Paul Macielak, Oyster Bay, N. Y., of counsel), for appellee.

Before WATERMAN and KAUFMAN, Circuit Judges, and PIERCE, District Judge.

KAUFMAN, Circuit Judge:

For more than a century after the founding of the Republic, the permissible scope of government appeals from adverse rulings in criminal cases was not in dispute. Independent of the double jeopardy provision of the Constitution, early common law did not provide a right of appeal for the Government in criminal cases.1 Beginning in 1907, federal enactments authorized Government appeals in limited circumstances.

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