Lujan v. United States

BRATTON, Circuit Judge.

This is a criminal case and it is pending on motion of the government to dismiss the appeal. The ground of the motion is that the notice of appeal was filed out of time and that therefore the court is without jurisdiction to entertain the appeal.

On January 16, 1952, the verdict was returned finding appellant guilty. On January 23, sentence was imposed and formal judgment entered. On the same day, the court entered an order purporting to grant appellant leave to file within ten days thereafter a motion for judgment of acquittal notwithstanding the verdict and a motion…