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McCLELLAN v. HUMPHREY

No. 228.

83 F.Supp. 510 (1949)

McCLELLAN v. HUMPHREY.

United States District Court M. D. Pennsylvania.

April 13, 1949.

Attorney(s) appearing for the Case

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

FOLLMER, District Judge.

This habeas corpus proceeding was instituted by John D. McClellan, a military prisoner at United States Penitentiary, Lewisburg Pennsylvania, who was convicted by a General Court-Martial on charges of rape, desertion and escape from confinement.

Petitioner predicated his allegation of illegal restraint on ten separate issues, which may be briefly summarized as follows,

1. Noncompliance...

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