The petition for writ of certiorari is granted, as is leave to proceed in forma pauperis.
By the Act of June 25, 1910, 86 Stat. 866, as now enlarged in 28 U. S. C. § 1915, Congress provided for pro
*566
ceedings
in forma pauperis
on appeal unless “the trial court certifies in writing that it [the appeal] is not taken in good faith.” Such certification is not final in the sense that the convicted defendant is barred from showing that it was unwarranted and that an appeal should be allowed. Of course, certification by the judge presiding at the trial carries great weight but, necessarily, it cannot be conclusive. Upon a proper showing a Court of Appeals has a duty to displace a District Court’s certification. Moreover, a Court of Appeals must, under
Johnson
v.
Zerbst,
Since here the Court of Appeals did not assign counsel to assist petitioner in prosecuting his application for leave to appeal in forma pauperis and since it does not appear that the Court of Appeals assured petitioner adequate means of presenting it with a fair basis for determining whether the District Court’s certification was warranted, the judgment below must be vacated and the case remanded to the Court of Appeals for proceedings not inconsistent with this opinion.
So ordered.
