Dreher

William F. Dreher was indicted, tried, convicted, and sentenced for violating the mail fraud statute (Criminal Code, § 215, 18 U.S.C.A. § 338 ), and has appealed.

The appeal was taken on February 20, 1937, by filing and serving a notice of appeal, in duplicate, as required by Rule 3 of the Criminal Appeals Rules promulgated by the Supreme Court on May 7, 1934 ( 292 U.S. 661 -666, 28 U.S.C.A. following section 723a). 1 The duplicate notice of appeal was filed with the clerk of this court 2 on Febru *860 ary 25, 1937. The record was filed here on April 21, 1937.

There was, and is, no assignment of errors. Such assignments are expressly required by rules 8 and 9 of the Criminal Appeals Rules, supra. 3 This requirement is not new. It is a continuation of an old requirement. See 28 U.S.C.A §§ 861a, 861b, 862, 880, and our rule 11. Noncompliance with this requirement warrants dismissal of an appeal. E. R. Squibb & Sons v. Mallinckrodt Chemical Works, 293 U.S. 190, 191 , 55 S.Ct. 135 , 79 L.Ed. 279 .

Appellant did not comply with rules 8 and 9, or either of them. He did not file an assignment of errors “within a time stated,” as provided in rule 8, or “within thirty (30) days after'…