Earl Warren

“ We have concluded that it was not, and accordingly remand the case for a disposition of petitioner's appeal on the merits.
Rule 37 (a) provides that ' (a) n appeal by a defendant may be taken within 10 days after entry of the judgment or order appealed from * * *' and that an appeal is taken 'by filing with the clerk of the district court a no ice of appeal * * *.' The Court of Appeals has read this to mean that, irrespective of the reason for the delay, the notice of appeal must actually be in the hands of the clerk on or before the 10th day. ”

“ Petitioner was convicted on January 11, 1962, of violations of the postal laws. [1] Four days later-on January 15-he appeared for sent ncing with the attorney who had been appointed to represent him at trial. Consecutive sentences aggregating 20 years were imposed, after which the defendant asked if he could appeal the case 'as an insolvent.' The sentencing judge replied:
'Oh, yes, you always have a right to appeal; the Government provides for that. ”

“ They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.' That the Rules were not approached with sympathy for their purpose is apparent when the circumstances of this case are examined. ”