Edward G. Robinson v. United States

On June 25, 1958, Edward G. Robinson was found guilty of robbery. He did not take an appeal within the time permitted by Rule 37(a) (2) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., but attempted to do so about 40 days thereafter. The Government moved to docket and dismiss, relying on Rules 37(a) (2) and 45(b). On the authority of Robinson v. United States, 1958, 104 U.S.App.D.C. 200, 260 F.2d 718, certiorari granted 1959, 358 U.S. 940, 79 S.Ct. 347, 3 L.Ed.2d 348, in which this court held by a divided vote that the time for taking an appeal in a criminal case may be extended if…