Charles Miller Manson v. United States

Appellant seeks to appeal from the District Court’s judgment of June 23, 1960, which revoked his probation and committed him to the custody of the Attorney General to serve a ten year sentence previously imposed and suspended.

The notice of appeal was not filed until July 22, 1960 and the appellee raises the question at the outset whether the appeal is timely.

Rule 37 (a) (2), Federal Rules of Criminal Procedure, 18 U.S.C.A., requires that an appeal be taken “within ten days after entry of the judgment or order appealed from * *

Appellant argues that the ten day period never expired, and bases this con tention upon the following facts which are undisputed:

On June 23, 1960 the trial judge’s decision revoking probation was pronounced in open court before the appellant and his attorney; the judgment was thereafter signed and filed. An unsigned copy of the judgment was immediately affixed to the Court’s file of the action; however, the signed original remained in the desk of a deputy clerk apart from the file, awaiting microfilming, until July 16,1960.

The sole recordation of the judgment in the clerk’s office prior to July 16, 1960, aside from the unsigned copy on file, was the…