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SANFORD v. ROBBINS

No. 9548.

115 F.2d 435 (1940)

SANFORD, Warden, v. ROBBINS.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1940.

Attorney(s) appearing for the Case

Fred E. Strine, Atty., Dept. of Justice, of Washington, D. C., and Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellant.

Duke C. Meredith and Clint W. Hager, both of Atlanta, Ga., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

William B. Robbins, imprisoned for life since 1919 on conviction of rape by the judgment of a court-martial, was on habeas corpus set at liberty because tried a second time without his consent contrary to Article of War 40* and the Fifth Amendment of the Constitution. The Warden of the Penitentiary appeals.

The civil courts cannot review the merits of cases tried...

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