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HIATT v. BROWN

No. 359.

339 U.S. 103 (1950)

70 S.Ct. 495

94 L.Ed. 691

HIATT, WARDEN, v. BROWN.

Supreme Court of United States.

Decided March 13, 1950.

Attorney(s) appearing for the Case

Stanley M. Silverberg argued the cause for petitioner. With him on the brief were Solicitor General Perlman, James M. McInerney, Robert S. Erdahl, Philip R. Monahan and Israel Convisser.

Walter G. Cooper argued the cause and filed a brief for respondent.

MR. JUSTICE CLARK delivered the opinion of the Court.

Respondent, while serving as an enlisted soldier in the United States Army in Germany, was convicted by a general court-martial of committing murder on December 25, 1946, in violation of the 92d Article of War, 41 Stat. 805, 10 U. S. C. § 1564. The sentence imposed was dishonorable discharge, forfeiture of all pay and allowances, and life imprisonment, which was reduced to twenty years upon recommendation...

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