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AUSTIN v. UNITED STATES

No. 361.

40 F.Supp. 777 (1941)

AUSTIN v. UNITED STATES.

District Court, E. D. Illinois.

September 26, 1941

Attorney(s) appearing for the Case

Edward H. S. Martin, of Chicago, Ill., for plaintiff.

Ernest McHale, Asst. U. S. Atty., of East St. Louis, Ill., for defendant.

LINDLEY, District Judge.

Plaintiff applies for leave to prosecute her appeal to the United States Circuit Court of Appeals as a poor person. She alleges that she is a citizen of the United States. However, the record discloses that she is a convict in the state penitentiary, in pursuance of a judgment of conviction for the murder of her husband. Inasmuch as the federal statute, 28 U.S.C.A. § 832, fixes as one of the requisites of an allowance to appeal as a poor...

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