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GAY v. GRAHAM

No. 6109.

269 F.2d 482 (1959)

Frank Delano GAY, Oliver Townsend and Willie Olen Scott, Appellants, v. Marcell GRAHAM, Warden, Utah State Prison, Appellee.

United States Court of Appeals Tenth Circuit.

July 29, 1959.

Attorney(s) appearing for the Case

Frank Delano Gay, Oliver Townsend and Willie Olen Scott, pro se.

E. R. Callister, Atty Gen. of Utah, and Richard R. Boyle, Asst. Atty. Gen. of Utah, filed a brief for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal from an order dismissing an application for a writ of habeas corpus. A certificate of probable cause is a jurisdictional prerequisite to an appeal to a United States Circuit Court of Appeals.1 A certificate was refused in the court below, although a motion to be allowed to appeal in forma pauperis was granted. Hence, we may and do treat this appeal as an application for a certificate of probable...

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