Lurk v. United States - 366 U.S. 712 (1961)

U.S. Supreme Court

Lurk v. United States, 366 U.S. 712 (1961)

Lurk v. United States

No. 669

Argued May 4-5, 1961

Decided May 29, 1961

366 U.S. 712

Syllabus

Petitioner applied to a Federal Court of Appeals for leave to appeal in forma pauperis from his robbery conviction, on the ground, inter alia, that it was unconstitutional because his trial in a Federal District Court was presided over by a retired judge of the Court of Customs and Patent Appeals, who had retired before 1958. Leave was denied by the Court of Appeals without opinion.

Held: the judgment is reversed, and the case is remanded on the authority of Ellis v. United States, 356 U. S. 674.

Reversed and remanded.