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LEE v. MADIGAN

No. 35907.

148 F.Supp. 23 (1957)

John LEE, Petitioner, v. Paul J. MADIGAN, the Warden, or his successor, Federal Penitentiary, Alcatraz Island, California, Respondent.

United States District Court N. D. California, S. D.

January 23, 1957.

Attorney(s) appearing for the Case

Charles Upton Shreve, Carl L. Rhoads, Detroit, Mich., Robert E. Hannon, Castro Valley, Cal., for petitioner.

Lloyd H. Burke, U. S. Atty., by Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for respondent.

HARRIS, District Judge.

Petitioner, serving a life sentence in the federal penitentiary at Alcatraz, California, for murder committed in the Camp Cooke Disciplinary Barracks in 1949, seeks his release by means of a writ of habeas corpus. He contends that the general court martial which convicted him of the offense charged under Article 92 of the Articles of War, 10 U.S.C.A. § 1564,* lacked...

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