United States v. Infusino

MINTON, Circuit Judge.

The Government has made a timely motion to dismiss this appeal for the reason that the defendant-appellant did not give notice thereof within five days from the date of the judgment appealed from.

On July 22, 1942 the defendant-appellant was convicted of perjury. After the jury had returned its verdict and on the same day, counsel for the defendant-appellant made an oral motion for a new trial, with leave granted to reduce the motion to writing and file the written motion within two days, the same to be considered as filed as of July 22, 1942. The oral motion was argued…