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Lemke v. United States, 346 U.S. 325 (1953)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Lemke v. United States, 346 U.S. 325 (1953)
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 August 30, 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. 30 Aug. 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 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=45YNIMAED827QRH.
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