United States v. Eric Martin Jarrett

Third Circuit

United States v. Eric Martin Jarrett

439 F.2d 1135, 1971 U.S. App. LEXIS 11132

CourtCourt of Appeals for the Third Circuit

DecidedMarch 25, 1971

Docket19223

StatusPublished

Cited by2 cases

This text of 439 F.2d 1135 (United States v. Eric Martin Jarrett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Eric Martin Jarrett, 439 F.2d 1135, 1971 U.S. App. LEXIS 11132 (3d Cir. 1971).

Pincite

Opinion

OPINION OF THE COURT

PER CURIAM:

After a trial before the district court sitting without a jury, the appellant was found guilty of willfully refusing to submit to induction under the Universal Military Training and Service Act. On June 30, 1970 the district court denied a motion for a new trial. This appeal followed. However, no sentence has yet been imposed pursuant to the conviction.

Neither the order finding the accused guilty nor the order denying a new trial is an appealable final order absent any imposition of sentence. United States v. Knight, 3d Cir. 1947, 162 F.2d 809. “To create finality it was necessary that petitioner’s conviction should be followed by sentence. * * *” Berman v. United States, 1937, 302 U.S. 211, 212, 58 S.Ct. 164, 166, 82 L.Ed. 204.

This appeal will be dismissed for want of an appealable order.

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