(dissenting).
I would affirm the judgment of conviction.
I do not join in the dismissal of this appeal because I do not think the division of this court which granted leave to appeal in forma pauperis acted improvidently in determining that a question was presented which was not plainly frivolous within the meaning of Ellis v. United States, 1958, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060. Cf. Young v. United States, - U.S.App.D.C. -, 267 F.2d 692, and my statement in Jones v. United States, - U.S.App.D.C. -, 266 F.2d 924.