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KELLY v. HUNTER

Nos. 1190, 1191, 1194.

80 F.Supp. 851 (1948)

KELLY v. HUNTER, Warden. REVELS v. HUNTER, Warden. YATES v. HUNTER, Warden.

United States District Court D. Kansas, First Division.

November 5, 1948.

Attorney(s) appearing for the Case

William H. Biddle, of Leavenworth, Kan., for petitioners.

Lester Luther, U. S. Atty. and Eugene Davis, Asst. U. S. Atty., both of Topeka, Kan., and Lt. Colonel Nicholas R. Voorhis, J.A.G.D., of Washington, D.C. (Captain E. E. Woods, United States Navy, Acting Judge Advocate General of Navy, of Washington, D. C., on the brief in Docket No. 1194 H. C.), for respondents.

MELLOTT, District Judge.

The petitioner in each case assails the validity of his detention in the United States Penitentiary at Leavenworth, Kansas. Writs of habeas corpus having been issued and it appearing that the issue raised in each case is essentially the same, the cases were consolidated for hearing. The basic facts are not in issue.

Kelly, a soldier on active duty in the Army of the United States, after trial before a general court-martial on November...

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