FORM 23. MOTION FOR NEW TRIAL.

In the District Court of the United States for the

The defendant moves the court to grant him a new trial for the following reasons:

1. The court erred in denying defendant's motion for acquittal made at the conclusion of the evidence.

2. The verdict is contrary to the weight of the evidence.

3. The verdict is not supported by substantial evidence.

4. The court erred in sustaining objections to questions addressed to the witness Richard Roe.

5. The court erred in admitting testimony of the witness Richard Roe to which objections were made.

6. The court erred in charging the jury and in refusing to charge the jury as requested.

7. The defendant was substantially prejudiced and deprived of a fair trial by reason of the following circumstances: the attorney for the government stated in his argument that the defendant had not taken the witness stand and that the defendant had been convicted of crime.

8. The court erred in denying the defendant's motion for a mistrial.

Attorney for Defendant.

FORM 24. MOTION IN ARRESt of Judgment.

In the District Court of the United States for the ...

The defendant moves the court to arrest the judgment for the following reasons:

1. The indictment does not state facts sufficient to constitute an offense against the United States.

2. This court is without jurisdiction of the offense, in that the offense if any was not committed in this district.

Attorney for Defendant.

FORM 25. JUDGMENT AND COMMITMENT.

In the District Court of the United States for the

for the government and the defendant appeared in person and 1

It is Adjudged that the defendant has been convicted upon his plea of 2 of the offense of ...

as charged 3

...

.; and the court having asked the defendant whether he has anything to say why judgment should not be pronounced, and no sufficient cause to the contrary being shown or appearing to the Court,

It is Adjudged that the defendant is guilty as charged and convicted. It is Adjudged that the defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of 4

It is Adjudged that "

It is Ordered that the Clerk deliver a certified copy of this judgment and commitment to the United States Marshal or other qualified officer and that the copy serve as the commitment of the defendant.

United States District Judge.

The Court recommends commitment to: 6

Clerk.

Insert "by counsel" or "without counsel; the court advised the defendant of his right to counsel and asked him whether he desired to have counsel appointed by the court, and the defendant thereupon stated that he waived the right to the assistance of counsel."

* Insert (1) “guilty," (2) "not guilty, and a verdict of guilty," (3) "not guilty, and a finding of guilty," or (4) “nolo contendere," as the case may be.

Enter (1) sentence or sentences, specifying counts if any; (2) whether sentences are to run concurrently or consecutively and, if consecutively, when each term is to begin with reference to terminatior of preceding term or to any other outstanding or unserved sentence; (3) whether defendant is to be further imprisoned until payment of fine or fine and costs, or until he is otherwise discharged as provided by law.

Enter any order with respect to suspension and probation.

• For use of Court wishing to recommend a particular institutio..

[Endorsement]
RETURN

I have executed the within Judgment and Commitment as follows:

at

Defendant's appeal determined on

Defendant delivered on

the institution designated by the Attorney General, with a certified copy of the within Judgment and Commitment.

United States Marshal.

FORM 26. NOTICE OF APPEAL.

In the District Court of the United States for the

Concise statement of judgment or order, giving date, and any sentence....

Name of institution where now confined, if not on bail.

I, the above-named appellant, hereby appeal to the United States Circuit Court of Appeals for the

from the above-stated judgment.

Dated....

Circuit

Appellant.1

1 Or "Appellant's Attorney" or "Clerk" as the case may be.

NOTE.-Compare Form of Notice of Appeal under Rule 3, Form No. 1, annexed to Rules of Criminal Procedure after Plea of Guilty, Verdict or Finding of Guilt, following 18 U. S. C. 688. See Rule 37 (a) (1) (Taking Appeal; and Petition for Writ of Certiorari-Taking Appeal: Notice of Appeal) Federal Rules of Criminal Procedure.

FORM 27. STAatement of DOCKET ENTRIES.

In the District Court of the United States for the ...

7. Judgment (with terms of sentence) or order ... Entered

8. Notice of appeal filed Dated

19....

Attest

Clerk.

NOTE.-Compare Form of Clerk's Statement of Docket Entries to be Forwarded under Rule 4, Form No. 3 (to accompany duplicate notice of appeal to the United States Circuit Court of Appeals), annexed to Rules of Criminal Procedure after Plea of Guilty, Verdict of Finding of Guilt, following 18 U. S. C. § 688.

INDEX

ACCOUNTING. See Labor, 10.

ADJUSTMENT BOARD. See Labor, 8.

ADMINISTRATIVE LAW. See also Constitutional Law, I, 5-6,
10; IV, 3; V, 5, 9; Jurisdiction, I, 7; III, 5; IV, 8-9; VI; Labor,
5, 7-8, 10; Price Control, 1-3; War, 8-12.

1. Authority of Agency. Scope. Determination finally of scope
of statutory power of administrative agency is judicial not adminis-
trative function. Social Security Board v. Nierotko, 358.

2. Determinations. Legal Basis Necessary. Administrative de-
terminations must have basis in law and be within authority of
agency. Id.

3. Determinations. Matters Dehors Record. Consideration of
matters dehors the record. U. S. v. Pierce Auto Lines, 515.

4. Regulations. Ambiguity. Effect. Effect of uncertainty or
ambiguity in regulations prescribed by Price Administrator. Kraus
& Bros. v. U. S., 614.

5. Judicial Review. Exhaustion of Administrative Remedy.
Exhaustion of administrative remedy as prerequisite to judicial
review. Macauley v. Waterman S. S. Corp., 540.

6. Judicial Review. Administrative Interpretations. Weight.
Interpretation of Act by administrator or agency charged with en-
forcement or administration, entitled to great weight. Boutell v.
Walling, 463.

7. Judicial Review. Scope. Labor Relations Act. Circuit
Court of Appeals without authority to eliminate broad cease-and-
desist order, where not objected to before Board and failure un-
excused. Labor Board v. Cheney Lumber Co., 385.

8. Judicial Review. Findings of Fact. Tax Court. Finality of
Tax Court's findings of fact when supported by evidence. Commis-
sioner v. Tower, 280; Lusthaus v. Commissioner, 293.

9. Judicial Review. Mistake of Law. Tax Court. Circuit
Court of Appeals authorized to reverse Tax Court decision based
on clear-cut mistake of law. Commissioner v. Wilcox, 404.

10. Judicial Review. Selective Training & Service Act. Scope
of judicial review of administrative action under Selective Training
and Service Act. Estep v. U. S., 114.