Swihart v. United States, 3670.
| Decision Date | 22 September 1948 |
| Docket Number | No. 3670.,3670. |
| Citation | 169 F.2d 808 |
| Parties | SWIHART v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Tom W. Garrett, of Oklahoma City, Okla., for appellant.
Cleon A. Summers, U.S.Atty., of Muskogee, Okl., and Paul Gotcher, Asst. U.S. Atty., of McAlester, Okla., for appellee.
Before BRATTON and HUXMAN, Circuit Judges, and BROADDUS, District Judge.
The judgment appealed from in this case was entered February 18, 1948. The notice of appeal to this Court was filed March 2, 1948, more than ten days after the entry of judgment. Rule 37 of the Rules of Criminal Procedure provides that an appeal must be taken within ten days after the entry of judgment by filing with the Clerk of the District Court a notice of appeal in duplicate. The filing of a timely notice of appeal is mandatory and jurisdictional.1 An appeal filed out of time confers no jurisdiction upon the appellate court. The appeal in this case is accordingly dismissed.
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Richards v. United States
...time of perfecting an appeal is a jurisdictional matter, and that we lack power to extend the time fixed by the Rules. Swihart v. United States, 10 Cir., 169 F.2d 808; United States v. Froehlich, 2 Cir., 166 F.2d 84; United States v. Bloom, 2 Cir., 164 F.2d 556, 557; Howard T. Jensen v. Uni......
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United States v. Robinson, 16
...5 Cir., 210 F.2d 470; McIntosh v. United States, 5 Cir., 204 F.2d 545; Marion v. United States, 9 Cir., 171 F.2d 185; Swihart v. United States, 10 Cir., 169 F.2d 808; United States v. Froehlich, 2 Cir., 166 F.2d 84. It is thus made to appear that the court below has itself recognized and en......
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Alva v. Teen Help, 04-4012.
...Corp., 328 F.3d 1212, 1220 (10th Cir.2003); Brumark Corp. v. Samson Res. Corp., 57 F.3d 941, 949 (10th Cir.1995); Swihart v. United States, 169 F.2d 808, 808 (10th Cir.1948) (then FED.R.CRIM.P. 37); Jensen v. United States, 160 F.2d 104, 104 (10th Cir.1947) (same). Thus, a party's failure t......
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Hill v. United States, 13741.
...1500, 93 L.Ed. 1747; McIntosh v. United States, 5 Cir., 204 F.2d 545; United States v. Froehlich, 2 Cir., 166 F.2d 84; Swihart v. United States, 10 Cir., 169 F.2d 808; Wagner v. United States, 4 Cir., 220 F.2d The judgment is affirmed. ...