Ralph Geise v. United States

Good Law
262 F.2d 151·1958 U.S. App. LEXIS 3413
United States Court of Appeals for the Ninth CircuitDecember 12, 195816048California2,931 words

Opinion

Opinion

Mathews, J.

On April 11, 1950, in the District Court for the Territory of Alaska, Third Division, hereafter called the Alaska court, appellant, Ralph Geise, was indicted under §§ 65-4-12 and 65-4-13 of Alaska Compiled Laws Annotated, 1949, for raping an eight-year-old girl, hereafter called the prosecutrix. Appellant was arraigned, pleaded not guilty, had a jury trial and was found guilty as charged. Thereupon, on April 28, 1950, the Alaska court entered a judgment sentencing appellant to be imprisoned for the term of his natural life. A motion for a new trial was filed by appellant on May 2, 1950, and was denied by the Alaska court on July 27, 1950. On August 3, 1950, appellant appealed from the Alaska court’s judgment of April 28, 1950, by filing with the clerk of the Alaska court a notice of appeal in duplicate. That appeal was not prosecuted. No record on it was filed with this court, nor was it docketed. No extension of the time for such filing and docketing was sought or obtained. That time expired on September 12,1950.

On March 15, 1951, and at all times thereafter, appellant was a prisoner in custody under his aforesaid sentence and was an inmate of the United States penitentiary on…

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