Opinion
May 18, 1938.
Appeal from Western District of Washington, Southern Division; Edward E. Cushman, Judge.
Proceeding in the matter of the petition of Cecil Calvin Rolfe for a writ of habeas corpus against E.B. Swope, Warden, United States Penitentiary, McNeil Island, Wash. On petition for leave to appeal.
Appeal allowed in accordance with opinion.
Cecil C. Rolfe, in pro. per.
Appeal is allowed, to be heard upon typewritten transcript filed with the petition for leave to appeal and upon typewritten briefs. Application for leave to proceed in forma pauperis is denied in view of the certificate of the trial judge that the appeal is frivolous and not taken in good faith.