SWIHART
v.
UNITED STATES
PER CURIAM.
The judgment appealed from in this case was entered February 18, 1948. The notice of appeal to this Court was filed March 2, 1948, more than ten days after the entry of judgment. Rule 37 of the Rules of Criminal Procedure provides that an appeal must be taken within ten days after the entry of judgment by filing with the Clerk of the District Court a notice of appeal in duplicate. The filing of a timely notice of appeal is mandatory and jurisdictional.1 An appeal filed out of time confers no jurisdiction upon the appellate court. The appeal in this case is accordingly dismissed.
Jensen v. United States, 10 Cir., 160 F. 2d 104; Fewox v. United States, 5 Cir., 77 F. 2d 699; Burr v. United States, 7 Cir., 86 F. 2d 502; United States v. Bloom, 2 Cir., 164 F. 2d 556; United States v. Froehlich, 2 Cir., 166 F. 2d 84.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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United States v. Robinson, 361 U.S. 220 (U.S. 1960)
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United States v. Ware, 247 F.2d 698 (7th Cir. 1957)
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Marion v. United States, 171 F.2d 185 (9th Cir. 1948)
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fewox v. United States, 77 F.2d 699 (5th Cir. 1935)
- United States v. Bloom, 164 F.2d 556 (2d Cir. 1947)
- Burr v. United States, 86 F.2d 502 (7th Cir. 1936)
- United States v. Froehlich, 166 F.2d 84 (2d Cir. 1948)
- Hewitt v. United States, 160 F.2d 104 (8th Cir. 1947)
- Jensen v. United States, 160 F.2d 104 (10th Cir. 1947)