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McDANIEL v. HIATT

No. 215.

78 F.Supp. 573 (1948)

McDANIEL v. HIATT.

District Court, M. D. Pennsylvania.

July 2, 1948.

Attorney(s) appearing for the Case

Robert B. Barker and Edward A. Martin, both of Washington, D. C., Thomas Byron Miller, of Wilkes-Barre, Pa., and Maurice V. Cummings, of Scranton, Pa., for petitioner.

Arthur A. Maguire, U. S. Atty., of Scranton, Pa., and Charles W. Kalp, Asst. U. S. Atty., of Lewisburg, Pa. (Major Thayer Chapman, of Washington, D. C., of counsel), for respondent.

FOLLMER, District Judge.

The petitioner, a military prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, was convicted by a General Court Martial for a violation of Article of War 92, 10 U.S.C.A. § 1564, he having been charged thereunder with the premeditated killing of a woman by shooting her with a rifle. He now seeks a writ of habeas corpus. His petition is predicated upon two propositions, namely that the court as originally constituted, consisted...

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