ARSENAL BUILDING CORP. ET AL.

v.

FLEMING, ADMINISTRATOR

Citator

Cited By

• Casey v. United States, 343 U.S. 808 (U.S. 1952)
  …erm of Court as Young v. United States, supra, the Government also confessed error in Weber v. United States. The Court granted certiorari, 314 U. S. 600 (1941), heard argument, and affirmed the Court of Appeals judgment by an equally divided Court. 315 U. S. 787 (1942). In Upshaw v. United States, 335 U. S. 410 (1948), the Government had confessed error in the Court oí Appeals for the District of Columbia. That court, adhering to its precedent in Parlton v. United States, 64 App. D. C. 169, 75 F. 2d 772 (1…
• Cachoian v. United States, 452 F.2d 548 (5th Cir. 1971)
  …nally, appellate courts of the United States have declined to accept a confession of error by the prosecution and have affirmed judgments of conviction. See, e. g., Weber v. United States, 9 Cir., 1941, 119 F. 2d 932, aff’d by equally divided court, 315 U.S. 787, 62 S.Ct. 911, 86 L.Ed. 1192 (1942); Parlton v. United States, 1935, 64 App.D.C. 169, 75 F. 2d 772. Under the circumstances, we hold that this is a matter which can best be determined by the District Court in the first instance. We cannot vacate th…