Joseph Orby Smith, Jr. v. United States

Beatrice Smith, Guardian ad litem for Joseph Orby Smith, Jr., filed in the court below on August 17, 1959, a notice of an appeal from orders of that court in the above entitled matter made on March 6, 1959 and July 9, 1959. The district court granted her leave to proceed on appeal in forma pauperis. Subsequently she filed applications requesting that she be supplied with transcripts of the proceedings in the district court. Thereupon all records, papers and files in said matter were by the district court ordered transmitted to this court. Since the notice of appeal was filed within 60 days following the order of July 9, 1959, referred to in the notice of appeal, we assume that we have jurisdiction of the appeal and of such pending applications as there may be in connection therewith seeking transcripts of the proceedings below.

Joseph Orby Smith is the same person in whose behalf we entered judgment on July 7, 1958, Smith v. United States, 259 F.2d 125 , and in which we remanded for hearing in the court below Smith’s application for a hearing upon the question of his sanity at the time of his trial.

As the record now before us shows, the court below on March 6, 1959, after…