Swihartv.United States

Circuit Court of Appeals, Tenth CircuitSep 22, 1948
169 F.2d 808 (10th Cir. 1948)

No. 3670.

August 30, 1948. Rehearing Denied September 22, 1948.

Appeal from the District Court of the United States for the Eastern District of Oklahoma; Eugene Rice, Judge.

Proceeding by United States of America against Ralph Swihart. From adverse judgment, the defendant appeals.

Appeal dismissed.

Tom W. Garrett, of Oklahoma City, Okla., for appellant.

Cleon A. Summers, U.S.Atty., of Muskogee, Okla., and Paul Gotcher, Asst. U.S. Atty., of McAlester, Okla., for appellee.

Before BRATTON and HUXMAN, Circuit Judges, and BROADDUS, District Judge.


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. 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.