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McCUNE v. KILPATRICK

No. M-6933.

53 F.Supp. 80 (1943)

McCUNE v. KILPATRICK, Commanding Officer of Hampton Roads Port of Embarkation, et al.

District Court, E. D. Virginia, Norfolk Division.

December 28, 1943.

Attorney(s) appearing for the Case

C. Dodson Morrisette, of Norfolk, Va., for petitioner.

Sterling Hutcheson, U. S. Atty., of Richmond, Va., Russell T. Bradford, Asst. U. S. Atty., of Norfolk, Va., General Myron C. Cramer, The Judge Advocate General, U. S. Army, Colonel Archibald King, J. A. G. D., U. S. Army, and Captain F. Gordon Hudgins, Transportation Corps, U. S. Army, all of Washington, D. C., Tom C. Clark, Asst. Atty. Gen., and Sheldon E. Bernstein, Department of Justice, of Washington, D. C., for respondents.

WYCHE, District Judge (sitting by special designation).

This is an application for a writ of habeas corpus filed by a prisoner in the military stockade at Camp Patrick Henry, Virginia, to obtain his release. He is being held awaiting trial by a general court-martial of the United States Army on a charge of desertion.

There seems to be little dispute as to the facts, which I find to be as follows:

The petitioner, Lawrence Elroy McCune, a veteran of...

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