Pothier v. Rodman, 261 U.S. 307 (1923)

Pothier v. Rodman

No. ___

Motion for leave to docket case and proceed @in forma pauperis.@
Submitted February 23, 1923
Decided March 12, 1923
261 U.S. 307

APPEAL FROM AN ORDER OF THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF RHODE ISLAND, DISMISSING A PETITION

FOR WRIT OF HABEAS CORPUS

Syllabus

1. Upon application for leave to proceed in forma pauperis, an affidavit of the poverty of the applicant must be made by the applicant himself. P. 309.

2. The application must be denied unless jurisdiction over the appeal or writ of error to which it relates appears from the motion papers or record. P. 309.

3. The jurisdiction of this Court to review directly an order of the district court dismissing a petition for habeas corpus depends on Jud.Code, § 238; a question of the jurisdiction of the district court or a constitutional question must be involved. P. 310.

4. The issue of jurisdiction which Jud.Code § 238 makes cognizable by this Court on direct appeal from the district court must be an issue concerning the jurisdiction of the court from which the appeal is taken. P. 311.

5. When it is alleged against an indictment for murder committed in territory within the exclusive jurisdiction of the United States that such jurisdiction did not exist, the objection goes not to the jurisdiction of the district court in which the indictment was returned, but to the merits of the case. P. 311.

6. Under the Act of September 14, 1922, c. 305, 42 Stat. 837, an appeal to this Court, which should have been taken to the circuit court of appeals must be transferred to that court in the proper circuit. P. 312.

Motion denied; cause transferred.

Motion for leave to proceed in forma pauperis on an appeal from an order of the district court dismissing a petition for habeas corpus. See 285 F. 632.