“ We have no occasion to decide now what effect should be given to a certificate of bad faith in a case where the jurisdiction of the Circuit Court of Appeals attaches upon the mere filing of a notice of appeal independently of any application for leave to appeal in forma pauperis. ”

“ Nor can we say that there is want of support for the district court's recital in its order that 'the matters and things' contained in the application to set aside the conviction 'have heretofore been adjudicated'. For the Government's brief points out that petitioner, before his application to the district court in this proceeding, had unsuccessfully sought release from custody in two habeas corpus proceedings, of which the federal courts may take judicial notice, both brought in the Northern District of California. ”

“ On the same day he began the present proceeding by a petition in the trial court to set aside his conviction on the ground that his plea of guilty had been induced by threats and false statements on the part of Government officers having him in custody, and that on entering his plea of guilty he had been denied the benefit of counsel. ”