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UNITED STATES v. KINSELLA

No. 2145.

164 F.Supp. 707 (1958)

UNITED STATES of America on the relation of Alberta SINGLETON, Petitioner, v. Nina KINSELLA, Warden of the Federal Reformatory for Women, Alderson, West Virginia.

United States District Court S. D. West Virginia.

September 6, 1958.

Attorney(s) appearing for the Case

Paul M. Friedberg, Charleston, W. Va., for relator.

Duncan W. Daugherty, U. S. Atty., Huntington, W. Va., Percy H. Brown, Asst. U. S. Atty., Hinton, W. Va., Lt. Col. Peter S. Wondolowski, Judge Advocate General's Corps, United States Army, Washington, D. C., for respondent.

BEN MOORE, Chief Judge.

More than a year ago, the Supreme Court of the United States, on a rehearing, decided in the cases of Reid v. Covert (Kinsella v. Krueger), 1957, 354 U.S. 1, 77 S.Ct. 1222, 1 L.Ed.2d 1148, that civilian dependents of members of the armed forces overseas in time of peace could not be tried by court-martial for capital offenses. Since that time, considering itself bound by that decision, this court granted a writ...

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