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Wagner v. United States

United States Court of Appeals, Fourth Circuit
Mar 11, 1955
220 F.2d 513 (4th Cir. 1955)

Opinion

No. 6928.

Argued March 7, 1955.

Decided March 11, 1955.

W.H. McElwee, Jr., North Wilkesboro, N.C. (Claude Hicks, Mocksville, N.C., and Woodson Woodson, Salisbury, N.C., on brief), for appellant.

Lafayette Williams, Asst. U.S. Atty. (Edwin M. Stanley, U.S. Atty., Greensboro, N.C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


This is an appeal in a criminal case in which appellant failed to file with the Clerk of the District Court written notice of appeal within ten days, as required by Rule 37 of the Rules of Criminal Procedure, 18 U.S.C.A. As strict compliance with this requirement of the rule is jurisdictional, we have no option but to dismiss the appeal. Appellant is not hurt by the dismissal, however, as we have examined the record on appeal and find that the points on which he relies are without merit.

Appeal dismissed.


Summaries of

Wagner v. United States

United States Court of Appeals, Fourth Circuit
Mar 11, 1955
220 F.2d 513 (4th Cir. 1955)
Case details for

Wagner v. United States

Case Details

Full title:M.H. WAGNER, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 11, 1955

Citations

220 F.2d 513 (4th Cir. 1955)

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