Paddy v. United States
Court of Appeals for the Ninth Circuit
1DissentMathews, Circuit Judge
To its requirement that “An appeal shall be taken within five (5) days after entry of judgment of conviction,” Rule 3 of the Rules of Criminal Procedure After Plea of Guilty, Verdict or Finding of Guilt, 18 U.S.C.A. following section 688, provides a single exception, namely, “that where a motion for a new trial has been made within the time specified in subdivision (2) of Rule 2,1 the appeal may be taken with*397in five (5) days after entry of the order denying the motion.”
This case is not within the exception; for, although two motions for a new trial were made — one oh February 10, 1943, and…
2Cases cited8 opinions
- Fewox v. United StatesCourt of Appeals for the Fifth Circuit · 1935
- Nix v. United StatesCourt of Appeals for the Fifth Circuit · 1942
- Burr v. United StatesCourt of Appeals for the Seventh Circuit · 1936
- Miller v. United StatesCourt of Appeals for the Fifth Circuit · 1939
- O'Gwin v. United StatesCourt of Appeals for the Ninth Circuit · 1937
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