Earnest T. Page v. United States

Earnest T. Page was charged in seven counts of a twenty-count indictment with violations of the federal narcotic laws. One of these counts was dismissed, leaving six counts (Nos. 10,11,14, 15, 16 and 19) standing against him. Page was tried by a jury and convicted on all six counts. He was sentenced to imprisonment for twenty years on each of the counts, the sentences to run concurrently. Page then took this appeal.

In his opening brief on appeal, prepared by retained counsel, Page makes two specifications of error. Both relate to his conviction on counts 16 and 19, and neither makes any reference to the transactions involved in counts 10, 11, 14 and 15. The argument in Page’s opening brief, following the limited scope of the specifications of error, deals only with Page’s conviction on counts 16 and 19.

Calling attention to these circumstances, the United States has moved to dismiss the appeal. It argues that even if there is merit in appellant’s argument directed to his convictions on counts 16 and 19, the concurrent sentences on counts 10, 11, 14 and 15 will remain in effect, and therefore nothing will be accomplished by proceeding with the appeal.

It has been held time and…