LUJAN v. UNITED STATES

No. 4663.

204 F.2d 171 (1953)

LUJAN v. UNITED STATES.

United States Court of Appeals, Tenth Circuit.

May 5, 1953.


Attorney(s) appearing for the Case

Joseph C. Ryan, Albuquerque, N. M. (Arturo G. Ortega, Albuquerque, N. M., on the brief), for appellant.

Edward E. Triviz, Asst. U. S. Atty., Albuquerque, N. M. (Maurice Sanchez, U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.


BRATTON, Circuit Judge.

This is a criminal case and it is pending on motion of the government to dismiss the appeal. The ground of the motion is that the notice of appeal was filed out of time and that therefore the court is without jurisdiction to entertain the appeal.

On January 16, 1952, the verdict was returned finding appellant guilty. On January 23, sentence was imposed and formal judgment entered. On the same day, the court entered an order purporting...

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