Ellis v. United States, 356 U.S. 674 (1958)

Ellis v. United States


No. 293, Misc.


Decided May 26, 1958
356 U.S. 674

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

The Court of Appeals denied petitioner leave to appeal in forma pauperis from his conviction for housebreaking and larceny. The Solicitor General concedes, and, after examining the record, this Court agrees, that the issue presented -- probable cause to arrest -- is not one that "can necessarily be characterized as frivolous."

Held: the judgment is vacated, and the cause is remanded for reconsideration in the light: of this opinion. Pp. 674-675.

101 U.S.App.D.C. 386, 249 F.2d 478, judgment vacated and cause remanded.