Troyit Robinson v. United States of America, Travit Robinson v. United States

BAZELON, Circuit Judge.

Appellants were convicted of manslaughter and the judgments and commitments were filed on May 7, 1958. The District Court, on May 28, 1958, .granted them leave to appeal in forma pauperis and notices of appeal were filed by their counsel that same day.

The cause is now before us on the Government’s motion to dismiss the appeals for lack of jurisdiction. The Government argues that these notices of appeal were filed eleven days late and that the filing of a timely notice of appeal is mandatory and jurisdictional. It relies on the provision of Rule 45(b), Fed.R.Crim.P., 18…