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UNITED STATES v. COOR

January 28, 1963

UNITED STATES of America
v.
George T. COOR, Defendant



The opinion of the court was delivered by: YOUNGDAHL

Defendant George T. Coor has petitioned this Court for an authorization to proceed on appeal without prepayment of costs, for the preparation of all the transcript of his four-day trial at the expense of the United States, and for the appointment of counsel to represent him on appeal.

It is true, of course, that 28 U.S.C. § 1915 cannot be construed to require 'that no persons are entitled to the statute's benefits until they have sworn to contribute to payment of costs, the last dollar they have or can get, and thus make themselves and their dependents wholly destitute,' because to construe the statute in such a way 'would throw its beneficiaries into the category of public charges.' Adkins v. E. I. DuPont de Nemours & Co., 335 U.S. 331, 339-340, 69 S. Ct. 85, 89, 93 L. Ed. 43 (1948). Nevertheless, 'it is proper and indeed essential for the supporting affidavits to state the facts as to affiant's poverty with some particularity, definiteness and certainty.' Jefferson v. United States, 277 F.2d 723, 725 (9th Cir., 1960).

 The affidavit of defendant Coor is not particular, definite or certain enough for this Court to grant it as presented, because the Court is unable to tell whether the defendant's actual financial position requires the public to absorb the cost of all, part, or none of the expenses required for an appeal.

 The petition will therefore be denied.

19630128

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