Miller v. United States

Fifth Circuit

Miller v. United States

104 F.2d 343, 1939 U.S. App. LEXIS 4143

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 9, 1939

DocketNo. 9086

StatusPublished

Cited by7 cases

This text of 104 F.2d 343 (Miller v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miller v. United States, 104 F.2d 343, 1939 U.S. App. LEXIS 4143 (5th Cir. 1939).

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Opinion

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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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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104 F.2d 343, 1939 U.S. App. LEXIS 4143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-united-states-ca5-1939.

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