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HURSE v. CAFFEY

No. 1464.

59 F.Supp. 363 (1945)

HURSE v. CAFFEY, Brigadier General, U. S. Army.

District Court, N. D. Texas, Dallas Division.

March 13, 1945.

Attorney(s) appearing for the Case

D. M. Grant, of Sr. Louis, Mo., and C. B. Bunkley and W. J. Durham, both of Dallas, Tex., for petitioner.

Clyde G. Hood, Asst. U. S. Atty., of Dallas, Tex., Frank B. Potter, Asst. U. S. Atty., of Fort Worth, Tex., A. W. Christian, Asst. U. S. Atty., and Lieutenant George Red, Eighth Army Regional Board, both of Dallas, Tex., Colonel W. J. Hughes, Jr., of Washington, D. C., Colonel John J. Honan, of Fort Sam Houston, Tex., and Lieutenant-Colonel Kirk R. Mallory, of Camp Bowie, Tex., for respondent.

ATWELL, District Judge.

This proceeding raises the question of alleged irregularities in the court-martial which sentenced the prisoner to death. The application seems to support the idea that certain qualified officers were called to sit on the court. That those officers, after having heard the testimony and other appropriate suggestions of counsel and interested parties, retired to consider the verdict and returned a verdict which recited that "a two-thirds majority...

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