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UNITED STATES v. MALANAPHY

Misc. No. 1193.

73 F.Supp. 990 (1947)

UNITED STATES ex rel. HIRSHBERG v. MALANAPHY, United States Navy, Commanding Officer.

District Court, E. D. New York.

September 26, 1947.

Attorney(s) appearing for the Case

Francis A. McGurk, of New York City, for relator.

J. Vincent Keogh, U.S. Atty., of New York City (Frank J. Parker, Asst. U.S. Atty., of Brooklyn, of counsel), for respondent.

GALSTON, District Judge.

The relator was convicted by a Naval General Court Martial on August 12, 1947, for offenses alleged to have been committed by him in violation of Article 8 (2) of the Articles for the Government of the Navy of the United States, 34 U.S.C.A. following section 1200, at various times from November 10, 1942, to March 1, 1944. During that period the relator was a Japanese prisoner of war in the Philippine Islands.

The Court Martial was...

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