Lemke v. United States, 346 U.S. 325 (1953)

Name: Lemke v. United States, 346 U.S. 325 (1953) - Syllabus
Author: U.S. Supreme Court

Lemke v. United States

No. 109

Decided October 12, 1953
346 U.S. 325

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Petitioner was convicted of a crime and sentenced to imprisonment. He filed his notice of appeal the next day, but judgment was not entered until several days later.

Held: though Rule 37(a)(2) of the Federal Rules of Criminal Procedure provides that such appeals may be taken "within 10 days after entry of the judgment," the irregularity in noting the appeal prematurely should have been disregarded under Rule 52(a), as it did not "affect substantial rights," and the appeal should not have been dismissed. Pp. 325-326.

203 F.2d 406 reversed.

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Chicago: U.S. Supreme Court, "Syllabus," Lemke v. United States, 346 U.S. 325 (1953) in 346 U.S. 325 Original Sources, accessed May 7, 2025, http://www.originalsources.com/Document.aspx?DocID=45YNIMAED827QRH.

MLA: U.S. Supreme Court. "Syllabus." Lemke v. United States, 346 U.S. 325 (1953), in 346 U.S. 325, Original Sources. 7 May. 2025. http://www.originalsources.com/Document.aspx?DocID=45YNIMAED827QRH.

Harvard: U.S. Supreme Court, 'Syllabus' in Lemke v. United States, 346 U.S. 325 (1953). cited in 1953, 346 U.S. 325. Original Sources, retrieved 7 May 2025, from http://www.originalsources.com/Document.aspx?DocID=45YNIMAED827QRH.

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