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CHANDLER v. MARKLEY

No. TH 60-C-57.

191 F.Supp. 706 (1960)

Fred R. CHANDLER, Clifton Franks, Petitioners, v. T. W. MARKLEY, Warden, United States Penitentiary, Terre Haute, Indiana, Respondent.

United States District Court S. D. Indiana, Terre Haute Division.

On Further Consideration December 27, 1960.

Attorney(s) appearing for the Case

Alfred Avins, Chicago, Ill., for petitioners.

Philip Melangton, Jr., Asst. U. S. Atty., Don A. Tabbert, U. S. Atty., Indianapolis, Ind., for respondent.

STECKLER, Chief Judge.

This is an action for writ of habeas corpus. Petitioners, while soldiers assigned for duty with the 85th Infantry Regiment, 10th Infantry Division at Bamberg, Germany, were tried and convicted, along with five other soldiers, of the offense of rape, in violation of Article 120, Uniform Code of Military Justice (10 U.S.C. § 920), by a general court-martial convened at Wurzburg, Germany, in August of 1956. The joint rape was allegedly committed...

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