Seymour R. Rayor v. United States

We dismissed appellant’s appeal for what we thought obvious reasons. His vigorous petition for rehearing persuades us we should reply in some detail.

Rule 33 of the Federal Rules of Criminal Procedure requires a motion for a new trial based on any other ground than newly discovered evidence to be made within five days after verdict or finding of guilty, or within such further time as the court may fix during the five days period.

Rule 34 (to be hereinafter discussed) requires a motion in arrest of judgment to “be made within 5 days after determination of guilt or within such further time as the…