203 F.2d 406 | 9th Cir. | 1953
Dissenting Opinion
(dissenting).
The judgment here discloses that on* March 10, 1952, defendant appeared with his counsel for sentence. It is apparent-that at that time sentence was pronounced,, to commence on that date.
. The judgment reads in part: “On this 10th day of March, 195'2, came the Attorney for the Government and the defendant appeared in person and by counsel; It is Adjudged that the defendant has been convicted on a verdict of guilty * * *. It is Adjudged: That the defendant is guilty as charged * * * an<j that he be confined in the Federal Jail at Fairbanks, Alaska, for a period of six (6) months, such sentence to commence on the 10th day of March, 1952;. * * *"
Lead Opinion
Appellant, Ralph G. Lemke, was indicted for violating Alaska Compiled Laws Annotated 1949, § 65-5-81, was arraigned, pleaded not guilty, was tried and, on February 27, 1952, was' found guilty. A judgment sentencing appellant was entered on March 14, 1952. From that judgment — the only judgment entered in the case — no appeal was taken. However, on March 11, 1952, three days before the judgment was entered, appellant took what purported to be an appeal from a judgment entered on March 10, 1952. There was no such judgment-Therefore the appeal is dismissed. CL Prickett v. Consolidated Liquidating Corp., 9 Cir., 180 F.2d 8.