George Grant v. United States

Appellant was charged and convicted by a jury of having aided, abetted, counseled, induced and procured the commission of a certain act prohibited by statute ( 18 U.S.C. § 2 ), namely, the sale by Clyde Tillis to James Washington and Donald Tizenor of eighteen grams of marijuana, without obtaining from either of them a written order on a form issued for that purpose by the Secretary of the Treasury of the United States. 26 U.S.C. §§ 4742 (a), 7237.

Appellant was sentenced June 27,1960. He was admitted to bond pending appeal in the sum of $5,000. On July 6,1960, he appealed. No steps were taken to docket the appeal or file a transcript of the testimony. Six months later, on January 13, 1961, the government’s motion to docket and dismiss the appeal came before us. Despite appellant’s lack of concern as to his appeal, this motion was denied conditionally, subject to briefs being filed in March 1961, and the matter heard on our April Calendar.

Thereafter, on March 6, 1961, appellant, despite his ability to post bond to obtain his liberty, alleged his poverty and moved to proceed in forma pauperis. We granted that request and appointed counsel to represent him.

Appellant thereafter…