In re Crum
Opinion
Lead Opinion
Wilbur, J.
Chester Crum has presented a petition for mandamus in which he seeks the mandate of this court requiring the clerk of the United States District Court to furnish him, without the payment of fees, copies of the record in a criminal case wherein he is the defendant.
The application to this court for the mandate is accompanied by two affidavits in support of an application in forma pauperis herein. Attached to the petition is an affidavit filed by the petitioner in forma pauperis in the lower court, in support of his application there made for an order that he be furnished “a certified and authenticated copy of the indictment, record of proceedings and judgment in the criminal matter entitled: ‘United States v. Chester Crum,’ rendered * * * on or about July 19th to July 29th, A. D. 1937.” Affiant states “that the affiant is contemplating reopening his cause and that he verily believes he has a meritorious cause *747 of action.” This application was referred to the Department of Justice by Judge James Alger Fee, to whom "application was made. A letter from the United States attorney to the warden of the penitentiary wherein the petitioner is confined, advised the petitioner of the…