United States v. Charles Leo Farley

238 F.2d 575

UNITED STATES of America, Appellee,

v.

Charles Leo FARLEY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Presented October 1, 1956.

Decided November 9, 1956.

Before FRANK, MEDINA, and HINCKS, Circuit Judges.

1

The appellant's motion to the trial court for leave to appeal forma pauperis was denied on July 30, 1956 by a written memorandum of the trial judge who therein certified that the appellant had failed "to show merit" in his appeal. This was not sufficient to bring the certificate within 28 U.S.C.A. § 1915 (a), par. 2, which provides: "An appeal may not be taken…