TULLIDGE v. BIDDLE

No. 6709.

4 F.2d 897 (1925)

TULLIDGE v. BIDDLE, Warden.

Circuit Court of Appeals, Eighth Circuit.

April 3, 1925.


Attorney(s) appearing for the Case

R. D. Barker, of Kansas City, Mo., for appellant.

Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al. F. Williams, U. S. Atty., of Topeka, Kan., on the brief), for appellee.

Before STONE and LEWIS, Circuit Judges, and SCOTT, District Judge.


LEWIS, Circuit Judge.

This is an appeal from an order sustaining a motion to dismiss appellant's petition for writ of habeas corpus, on the ground that the petition disclosed that petitioner was not entitled to be discharged from custody under the writ, if issued. His confinement in the U. S. Penitentiary at Leavenworth, Kansas, is pursuant to sentence of general court-martial, and came about in this way, as appears from his petition and exhibits thereto:

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