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McCORD v. PAGE

No. 10057.

124 F.2d 68 (1941)

McCORD v. PAGE, Provost Marshal of Brooks Field.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1941.

Attorney(s) appearing for the Case

Fred H. Woodard, of Corpus Christi, Tex., for appellant.

Ben F. Foster, U. S. Atty., of San Antonio, Tex., for appellee.

Before HUTCHESON and HOLMES, Circuit Judges, and DAWKINS, District Judge.

HOLMES, Circuit Judge.

This appeal is from a judgment dismissing the petition of Joe L. McCord for a writ of habeas corpus. The questions for our decision are whether or not the court below committed reversible error (1) in failing to hear evidence on the petition in the presence of the petitioner, and (2) in refusing to issue the writ.

The petition alleged that McCord had voluntarily enlisted in the military forces of the United States; that subsequent to...

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