“ There is not a vestige of evidence to support it. Cf. Thompson v. City of Louisville, 362 U.S. 199, 80 S.Ct. 624, 4 L.Ed.2d 654. Nevertheless, the Court of Appeals refused to reverse this illegal conviction and dismissed petitioner's appeal on the ground that, while he gave an oral notice of appeal and filed an appeal bond at the end of his trial, he did not file a written notice of appeal within the 10-day period specified by Fed.Rule Crim.Proc. 37 (a) (2) . ”

“ United States, 378 U.S. 139, 142, 84 S.Ct. 1689, 12 L.Ed.2d 760, 'overlooked * * * the fact that the Rules are not, and were not intended to be, a rigid code to have an inflexible meaning irrespective of the circumstances' and because I find it 'apparent when the circumstances of this case are examined' that 'the Rules were not approached with sympathy for their purpose,' I would grant certiorari in this case to correct a clear miscarriage of justice. Cf. ”