MILLER ET AL.
v.
UNITED STATES

5th Cir. | 1939-06-09
No. 9086
104 F.2d 343 Court of Appeals for the Fifth Circuit (1939) Positive Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

It appears from the record appellants were sentenced on March 14, 1939. They asked leave to appeal in forma pauperis on April 5, 1939, which was granted. Notice of appeal was filed April 5, 1939. No motion for a new trial had extended the time for appealing. The appeal was not taken within five days after the judgment of conviction and was too late to have any effect. Rule 3, Criminal Appeals Rules, 28 U.S. C.A. following section 723a.

The motion to dismiss is granted.


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