BORUFF v. UNITED STATES

No. 19612.

310 F.2d 918 (1962)

Henry Franklin BORUFF, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 5, 1962.


Attorney(s) appearing for the Case

William H. Izlar, Jr., Robert L. Steed, Atlanta, Ga., for appellant.

William A. Davis, Jr., Asst. U. S. Atty., Sampson M. Culpepper, Asst. U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and JOHNSON, District Judge.


TUTTLE, Chief Judge.

The appellant here is met at the threshold of his appeal from a conviction and sentence with the very serious question whether this Court has jurisdiction of this appeal. This question arises from the undisputed fact in the record that no notice of appeal was filed within ten days following the November 22nd order of the trial judge sentencing appellant to serve a term of 2½ years following his conviction of the crime of committing fraud...

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