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LEMKE v. UNITED STATES.

No. 109.

346 U.S. 325 (1953)

74 S.Ct. 1

98 L.Ed.2d 3

LEMKE v. UNITED STATES.

Supreme Court of United States.

Decided October 12, 1953.

Attorney(s) appearing for the Case

Bailey E. Bell for petitioner.

Acting Solicitor General Davis, Assistant Attorney General Olney, Beatrice Rosenberg and Robert G. Maysack for the United States.

PER CURIAM.

This case is here on a petition for certiorari to the Court of Appeals for the Ninth Circuit, which dismissed an appeal as premature. Rule 37 (a) (2) of the Federal Rules of Criminal Procedure provides that "An appeal by a defendant may be taken within 10 days after entry of the judgment or order appealed from . . . ."

On March 10, 1952, petitioner was sentenced to six months in jail after a jury verdict...

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