UNITED STATES v. AKERS

No. 17254.

408 F.2d 656 (1969)

UNITED STATES of America v. Joseph Hobert AKERS, Sr., Appellant.

United States Court of Appeals Third Circuit.

Decided March 17, 1969.


Attorney(s) appearing for the Case

Thomas A. Livingston, Livingston, Miller & Haywood, Pittsburgh, Pa., for appellant.

W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., Gustave Diamond, U. S. Atty., Pittsburgh, Pa., for appellee.

Before BIGGS, FORMAN and FREEDMAN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

A verdict of guilty was rendered against Akers on September 25, 1967. He was sentenced to be imprisoned for six years on November 8, 1967 and the judgment of commitment was filed on the same day. A notice of appeal was filed by Akers on November 20, 1967, clearly out of time, but on the same day the court below granted him leave to prosecute an appeal in forma pauperis. On November 22, the court below treated "divers...

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