Lurk v. United States, 366 U.S. 712 (1961)
U.S. Supreme CourtLurk v. United States, 366 U.S. 712 (1961)
Lurk v. United States
Argued May 4-5, 1961
Decided May 29, 1961
366 U.S. 712
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.