Millslagle v. Olson

This appeal was from denial of habeas corpus to appellant who is confined in the Nebraska State Penitentiary on conviction in the State court. After the case was submitted on the merits, it was first brought to our attention that no certificate of probable cause for appeal had been made, as required by the statute. 28 U.S. C.A. § 466. Because of absence of such certificate, we dismissed the appeal for lack of jurisdiction. Millslagle v. Olson, 8 Cir., 125 F.2d 546. Thereafter, appellant, who was proceeding pro se, filed a petition for rehearing and, in conjunction therewith, asked appointment…