PARR V. UNITED STATES, 351 U. S. 513 (1956)

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U.S. Supreme Court

Parr v. United States, 351 U.S. 513 (1956)

Parr v. United States

Argued March 28, 1956

Decided June 11, 1956*

351 U.S. 513


1. Petitioner was indicted in one division of the Federal District Court for the Southern District of Texas, and that Court granted his motion to transfer the case to another division on the ground that local prejudice would prevent a fair trial in the division where he was indicted. Subsequently, the Government obtained a new indictment in another district for the same offenses and moved in the first court for dismissal of the first indictment. This motion was granted, and petitioner appealed.

Held: the Court of Appeals was without jurisdiction, because there was no final judgment. Pp. 351 U. S. 514-521.

(a) Considering the first indictment alone, an appeal from its dismissal will not lie, because petitioner has not been aggrieved, even though he is left open to further prosecution. Pp. 351 U. S. 516-517.

(b) Viewing the two indictments together as parts of a single prosecution, dismissal of the first indictment was not a final order, but only an interlocutory step in petitioner's prosecution. Pp. 351 U. S. 518-519.

(c) Dismissal of the first indictment does not come within the exceptions to the rule of "finality," because lack of an appeal at this stage will not deny effective review of his claim that he was entitled to trial in the court to which his first indictment was transferred. Pp. 351 U. S. 519-520.

2. Petitioner's motion for leave to file in this Court an original petition for writs of mandamus and prohibition to the federal district courts of both districts, to require his trial in the court to which the first indictment was transferred, is denied. Pp. 351 U. S. 520-521.

225 F.2d 329, affirmed.

Page 351 U. S. 514

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