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ADAMS v. HIATT

No. 214 Habeas Corpus.

79 F.Supp. 433 (1948)

ADAMS v. HIATT, Warden.

District Court, M. D. Pennsylvania.

August 10, 1948.

Attorney(s) appearing for the Case

Merrill W. Linn, of Lewisburg, Pa., and Oscar W. B. Reed, of Washington, D. C., for petitioner.

Arthur A. Maguire, U. S. Atty., of Scranton, Pa., Charles W. Kalp, Jr., Asst. U. S. Atty., of Lewisburg, Pa., and Major Thayer Chapman, Office of the Judge Advocate General, of Washington, D. C., for respondent.

FOLLMER, District Judge.

Albert A. Adams, having been convicted by a General Court-Martial under the 92nd Article of War, 10 U.S.C.A. § 1564, on a charge of rape, and being now a prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, has filed a petition for writ of habeas corpus.

Petitioner contends that a court-martial composed wholly of Army officers1 is unconstitutional. This calls for no extended discussion...

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