Overman tendered his application for a writ of habeas corpus, accompanied by an affidavit substantially complying with requirements of 28 U.S.C.A. § 1915(a), and sought leave to prosecute the proceeding in forma pauperis. Leave was denied by the trial court. Thereupon petitioner duly filed notice of appeal and filed a motion in this court for leave to appeal in forma pauperis, accompanied by a proper affidavit. This court granted Overman leave to appeal in forma pauperis and directed the Clerk of the United States District Court to forward to this court the original files in the cause, and appointed an attorney to represent Over-man. Briefs were filed and oral arguments presented in behalf of Overman and the respondent.
On authority of Ragan v. Cox, 10 Cir.,