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

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U.S. Supreme Court

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

Lemke v. United States

No. 109

Decided October 12, 1953

346 U.S. 325


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. 346 U. S. 325-326.

203 F.2d 406 reversed.

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