William Banks v. Olin G. Blackwell, Warden, United States Penitentiary, Alcatraz, California

ORR, Circuit Judge.

Appellant was convicted in the District Court for the Southern District of Indiana on June 8, 1953, for a violation of 18 U.S.C.A. § 2114. He filed an informal notice of appeal to the Seventh Circuit. In his so called notice of appeal he asked for the appointment of counsel on appeal. The notice of appeal was filed late, but the Seventh Circuit excused the delay and permitted the appeal to stand. Appellant was permitted to proceed in forma pauperis.

While the appeal was pending and before the Seventh Circuit acted on his request for the appointment of counsel, appellant…