WHITE v. HUMPHREY

No. 274.

115 F.Supp. 317 (1953)

WHITE v. HUMPHREY, Warden.

United States District Court. M. D. Pennsylvania.

September 19, 1953.


Attorney(s) appearing for the Case

H. Clay Espey, Washington, D. C., Charles W. Kalp, Lewisburg, Pa., for petitioner.

Joseph C. Kreder, U. S. Atty., Scranton, Pa., W. Roger Fetter, Asst. U. S. Atty., Lewisburg, Pa., Lt. Col. Howard O. Husband, Judge Advocate General's Corps, Washington, D. C., for respondent.


FOLLMER, District Judge.

This habeas corpus proceeding was instituted by Darold J. White, a military prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, who was convicted by a General Court Martial on a charge of unpremeditated murder.

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

1. Failure of law member to give instructions.

2. The "line up"...

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