“ Petitioner is an indigent. He was charged with robbery, larceny, and assault in New York. When his case was called for trial, petitioner asked that the court furnish him, at state expense, with the minutes of a prior preliminary hearing, at which the major state witnesses had testified. A New York statute provided that a transcript of the hearing would be furnished 'on payment of * * * fees at the rate of five cents for every hundred words.' N.Y.Code Crim.Proc. § 206. The trial court denied the request for a free transcript. ”

“ The motion for leave to proceed in forma pauperis and the writ of certiorari are granted, the judgment is vacated and the case is remanded to the Court of Appeals for proceedings consistent with this opinion. ”