SCHENK v. PLUMMER

No. 9481.

113 F.2d 726 (1940)

SCHENK v. PLUMMER, Warden.

Circuit Court of Appeals, Ninth Circuit.

April 19, 1940.


Attorney(s) appearing for the Case

Robert Schenk, in pro. per.

Earl Warren, Atty. Gen., of California, and J. Q. Brown, Deputy Atty. Gen. of California, for appellees.

Before WILBUR, DENMAN, and MATTHEWS, Circuit Judges.


WILBUR, Circuit Judge.

Petitioner, claiming he is before this court because he has been allowed by the trial court to proceed on appeal in forma pauperis, moves this court for an order appointing counsel to represent him on appeal. He is held under process of state court. The question raised involves an interpretation of the applicable state law.

No certificate of probable cause for the appeal has been obtained as required by 28 U.S.C.A. § 466. Such a...

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