Pugh

Appellee moves to dismiss the instant appeal on the ground that it was not taken within the time required by the Federal Rules of Criminal Procedure, 18 U.S.C. These rules are made applicable to Guam by 48 U.S.C.A. § 1424 (b).

Appellant was arrested and arraigned on August 16, 1951 under a charge in an Information alleging a violation of Section 641 of Title 18 of the United States Code with respect to the theft of a Thew-Lorain crane, Model MC 4-SC 96-97, asserted to, have been taken bn or about February 27, 1951 from the Marbo Engineer Subdepot, Andersen Air Force Base, Territory of Guam. The Information further recited that this crane was the property of the United States, valued at approximately $17,000. Appellant pleaded not guilty on the same date (August 16, 1951) and the trial court set bail at $2,000. Appellant was tried Tuesday, December 11, 1951.

A docket entry as prescribed in Form 27 of the Rules of Criminal Procedure, 18 U.S.C., was made on December 11, 1951, as follows:

And at the conclusion of the trial on that day as shown by the transcript of the proceedings, the trial court stated:

On the following day, December 12, 1951, defendant and his counsel being…