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ADERHOLD v. MENEFEE

No. 6984.

67 F.2d 345 (1933)

ADERHOLD, Warden, v. MENEFEE.

Circuit Court of Appeals, Fifth Circuit.

October 30, 1933.

Attorney(s) appearing for the Case

Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., and Leslie C. McNemar, Atty., Office of Judge Advocate General, Navy Department, of Washington, D. C., for appellant.

Warren Cox, of Atlanta, Ga., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from an order in habeas corpus proceedings releasing and discharging from custody one Gus Menefee, who was serving a life sentence for murder, pursuant to conviction by a naval court-martial. It appears that during the World War Menefee enlisted in the Navy, and on September 22, 1918, while serving as a fireman, shot and killed another enlisted man named Gapinski who was serving as a water tender, on board the United States...

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