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UNITED STATES v. MALANAPHY

No. M 1216.

81 F.Supp. 316 (1948)

UNITED STATES ex rel. HARTLEY v. MALANAPHY.

United States District Court E. D. New York.

July 15, 1948.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Frank J. Parker, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for respondent.

Doyle & O'Neil, of White Plains, N. Y. (John J. O'Neil, of White Plains, N. Y., of counsel), for relator.

RAYFIEL, District Judge.

The relator at the time he sued out this writ of habeas corpus, was in the custody of the respondent, awaiting sentence after a conviction by a general court martial convened by order of the Commandant of the Third Naval District, at the United States Naval Receiving Station, Brooklyn, New York. In his petition in support of said writ, relator alleges that said court martial lacked jurisdiction of the charge and specification upon which he...

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