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FLANAGAN v. UNITED STATES

No. 19447.

308 F.2d 841 (1962)

Walter Mark FLANAGAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 26, 1962.

Attorney(s) appearing for the Case

William Murray Hill, San Diego, Cal., for appellant.

Barefoot Sanders, U. S. Atty., Robert Travis, Asst. U. S. Atty., Fort Worth, Tex., for appellee.

Before TUTTLE, Chief Judge, and RIVES and BROWN, Circuit Judges.

PER CURIAM.

While the Court raised the question on its own motion concerning the timeliness of the notice of appeal, the circumstances are such that, giving the appellant the benefit of the doubt, we conclude that it was timely. But there is no doubt about the merits, and as it is clear that the appellant cannot prevail, the judgment is affirmed. This appeal is from a conviction of violating the White Slave Act, 18 U.S.C.A. § 2421, on March 19, 1959.

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