Affidavit of appellant in support of motion to prosecute appeal in forma pauperis
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IN THE SUPREME COURT OF THE UNITED STATES
October Term--1943 "
Fred Toyosaburo Korematsu,
Appellant, ) Hos
VS e )
)
United States of America, )
Appellees. )
)
AFFIDAVIT OF APPELLANT IN SUPPORT OF MOTION
TO PROSECUTE APPEAL IN FORMA PAUPERIS
3K AK OK 3 KE
UNITED STATES OF AMERICA, )
CITY AND COUNTY OF SALT LAKE, ) Ss.
STATE OF UTAH.
Fred Toyosaburo Korematsu being first duly sworn, deposes and
says: that he is the defendant in the above-entitled action; that he is
an adult male, twenty-four years of age, a citizen of the United States of
America by birth, the party defendant to said action and the appellant
therein; that he neither owns nor possesses any real property and is the
owner and possessor of certain personal property only, the reasonable value
of which amounts to the approximate sum of Fifty ($50.00) Dollars; that
because of his poverty he is unable to pay the costs of said action and the
appeal from finding of guilty and order sentencing him to " probation for
a period of five years, or to give security therefor, and that he believes
he is entitled to the redress he seeks in said appeal from said judgment of
said Court which was affirmed by the Circuit Court of Appeals, Ninth
Circuit; that the nature of said appeal is that said judgment should be
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reversed for the reason that the statute or Public Law No. 503 under which
he was found guilty and received said sentence is void for uncertainty and
also void and unconstitutional in that it violates defendant's constitue
tional rights, liberties, privileges and immnities safeguarded to him by
the Constitution and in particular by the 4th, 5th, 6th, 8th, 9th, 10th and
14th Amendments of the Constitution; and that by reason of his poverty as
aforesaid defendant is unable to pay fees or costs or for the printing of
the record or to give security therefor.
Wherefore affiant prays for the order of this Court waiving the
costs and expenses aforesaid and directing that the costs of said appeal
and the expense of certifying and preparing and printing the record on
appeal herein be paid by the United States and that the same be paid when
authorized by the Attorney General as provided by 28 U.S.C. 832,
Dated: December " 1943.
1 a
Sed Sorproabrces- aa
FRED TOYOSABYRO KOREMATSU ,
Affiant (Defendant and Appellant).
Subscribed/and sworn to before me
this 70 ay of December, 1943.
tary Publie in and for the County
of Salt Lake, State of Utah.
My commission expires
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