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EX PARTE SMITH

No. 199.

72 F.Supp. 935 (1947)

Ex parte SMITH.

District Court, M. D. Pennsylvania.

August 7, 1947

Attorney(s) appearing for the Case

Daniel F. Mathews, of Syracuse, N. Y., and Frank J. McDonnell, of Scranton, Pa., for petitioner.

Arthur A. Maguire, U. S. Atty., of Scranton, Pa., and Major Thayer Chapman, U. S. Army, Judge Advocate General's Office, of Washington, D. C., for respondent

FOLLMER, District Judge

This habeas corpus proceeding is instituted by Bernard W. Smith, a military prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, who was convicted by a General Court-Martial on two charges involving violations of the 92nd and 93rd Articles of War, 10 U.S.C.A. §§ 1564, 1565.1 The first charge involved the carnal knowledge of one Sheila Winifred...

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