Summary
In Deere v. United States, 268 F.2d 912 (9th Cir. 1959) and Selid Constr. Co. v. Guarantee Ins. Co., 268 F.2d 913 (9th Cir. 1959) judgments were entered by the interim court although parts of the proceedings took place in the old Territorial Court before Alaska became a state.
Summary of this case from Woodring v. United StatesOpinion
No. 16416.
June 17, 1959.
Warren W. Taylor, Fairbanks, Alaska, Fred D. Crane, Kotzebue, Alaska, for appellant.
Malcolm R. Wilkey, Asst. Atty. Gen., Daniel R. Ohlbaum, Atty., Dept. of Justice, Washington, D.C., George M. Yeager, U.S. Atty., Fairbanks, Alaska, for appellee.
John L. Rader, Atty. Gen., State of Alaska, Jack O'Hair Asher, Asst. Atty. Gen., Juneau, Alaska, amici curiae.
Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.
The appellant, Deere, was sentenced on February 26, 1959, [judgment was entered March 3, 1959] for the offense of operating a motor vehicle while under the influence of liquor. See § 50-5-3 of the Alaska Compiled Laws Annotated 1949. The offense was committed prior to Alaskan statehood, but the trial in the district court occurred after statehood. For the reasons stated in Parker v. McCarrey, 9 Cir., 268 F.2d 907, we hold we have no jurisdiction to entertain this appeal. Accordingly, the motion to dismiss is granted.