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MOSHER v. HUDSPETH

No. 2330.

123 F.2d 401 (1941)

MOSHER v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 15, 1941.

Attorney(s) appearing for the Case

William H. Biddle and Walter Biddle, both of Leavenworth, Kan., for appellant.

Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Appellant, a soldier in the United States Army of Occupation in Germany, was charged on February 28, 1920, with having committed on February 3, 1920, while in such service, the offense of violation of the 92nd Article of War (murder),1 and having been duly arraigned and plea of not guilty entered, was tried by a general court martial, and on May 24, 1920, was found guilty and sentenced to be dishonorably discharged...

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