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DURANT v. HIRONIMUS

No. 774.

73 F.Supp. 79 (1947)

DURANT v. HIRONIMUS, Warden.

District Court, S. D. West Virginia.

September 4, 1947.

Attorney(s) appearing for the Case

Douglas, Obear & Campbell, by Hugh H. Obear and Orville H. Walburn, all of Washington, D. C., and Jackson, Kelley, Morrison & Moxley, by John C. Morrison, all of Charleston, W. Va., for petitioner.

L. E. Given, U. S. Atty., and A. Garnett Thompson, Asst. U. S. Atty., both of Charleston, W. Va., and Nicholas R. Voorhis, Lieutenant Colonel, JAGD, and Thayer Chapman, Major, JAGD, both of Washington, D. C., for respondent.

MOORE, District Judge.

In this case petitioner, Kathleen B. Nash Durant, seeks a writ of habeas corpus to require her release from the Federal Reformatory for Women at Alderson, West Virginia, where she is now serving a term of imprisonment imposed upon her pursuant to conviction by an army court martial.

It is alleged in the petition that the conviction was void because (1) the court martial was without jurisdiction to try her (a) for the reason that at the...

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