James Butler Elkins and Raymond Frederick Clark v. United States

Clark, who, according to his affidavit was convicted jointly with another defendant on seven misdemeanor counts, moves this Court to consolidate his alleged appeal with that of the other defendant and to file three photostatic copies of transcript and to appeal in forma pauperis to the extent that the United States shall pay for his share of this transcript.

28 U.S.C.A. § 1915 provides in part:

No application has apparently been made to the trial court to appeal in forma pauperis, and therefore there is no certificate in writing that the appeal is not taken in good faith. If such a certificate were of record, this appeal could not be maintained in forma pauper-is. Therefore, the application should have been made to the trial court. Under subsection (b), on an appeal in forma pauperis, the court might direct the expense of furnishing a stenographic transcript and printing the record be paid by the United States. But a condition precedent to such an order would be the filing of an affidavit like that called for in subsection (a). It is true an affidavit was filed by Clark to support his motion, but it did not contain the sworn statement that he is a citizen of the United States.…