Does Section 1291 of the Criminal Code allow the government to appeal an order granting a new trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sam Goody, Inc., 675 F.2d 17 (2nd Cir. 1982):

I concur in the result, but solely because we are bound by our decision on rehearing in United States v. Alberti, 568 F.2d 617 (2d Cir. 1977), in which we rejected the argument that 1291 permits an appeal by the government from an order granting a new trial. Otherwise I would hold that in these circumstances, where the trial judge grossly abused his discretion in granting a new trial despite overwhelming evidence of guilt, 1291 should be construed to permit a government appeal.

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