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eBook details

• Title: United States v. Williams
• Author : United States Court Of Appeals Fifth Circuit.
• Release Date : January 30, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The federal statute of jeofails, R.S. 1025, 18 U.S.C. § 556, was repealed by section 21 of the New Criminal Code that became effective on September 1, 1948. A similar remedial statute, 28 U.S.C. § 391, second sentence, directed to appellate federal courts, was repealed by section 39 of the Judicial Code that became effective on September 1, 1948. Rule 52(a) of the Federal Rules of Criminal Procedure, 18 U.S.C., preserved the law as it existed under those statutes. A similar provision is found in Rule 61 of the Federal Rules of Civil Procedure, 28 U.S.C. Said Rule 52(a) is as follows: "Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded;" but under paragraph (b) of said rule plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. Said Rule 61 is a combination of the harmless error statute, 28 U.S.C. § 391, and 28 U.S.C. § 777, R.S. 954, with modifications. See McCandless v. United States, 298 U.S. 342, 56 S. Ct. 764, 80 L. Ed. 1205.

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