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WEBER v. UNITED STATES

No. 8987.

104 F.2d 300 (1939)

WEBER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 1, 1939.

Attorney(s) appearing for the Case

A. M. Mood, of Fort Worth, Tex., and J. Forrest McCutcheon, of Oklahoma City, Okl., for appellant.

Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and Joe H. Jones, Asst. U. S. Atty., of Dallas, Tex., for the United States.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

PER CURIAM.

By a motion for rehearing the appellant contends that his appeal was returnable to the November term, 1939, of this court, to be held at Fort Worth, Texas, and that no order was made transferring it to New Orleans and that under Rule X of those promulgated by the Supreme Court May 7, 1934, touching procedure in criminal cases, 28 U.S.C.A. following section 723a, the appeal could not be set for trial until 30 days after the record was filed in the appellate...

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