Fields v. United States

Citations

• 205 U.S. 292
• 27 S. Ct. 543
• 51 L. Ed. 807
• 1907 U.S. LEXIS 1397

Syllabus

<p>While under § 6 of the Court of Appeals Act of 1891, 26 Stat. 828, a certiorari can only be issued when a writ of error cannot be, it will not be issued merely because the writ of error will not lie; but only where the casé is one of gravity, where there is conflict between decisions of' state and Federal courts,' or between those of Federal courts of different circuits, or something affecting the relations of this nation to foreign nations, or of general interest to the public.</p> <p>One who embezzles money from an estate forfeits his right to commissions, irrespective of whether he is or is not convicted of any crime in respect ■- thereto, and his conviction does not involve the pecuniary amount of the commissions which he forfeits by reason of the embezzlement; nor does -the fact that such commissions amount to over $5,000 give this court jurisdiction under § 233 of the Code to review the judgment of ' the Court of Appeals of' the District of Columbia affirming the conviction. The'rule that a writ of error does not lie from this court to the Court of Appeals of the District of Columbia in a criminal case applies in such a case.</p> <p>Writ of error to review 27 App. D. C. 433, dismissed.</p>