UNITED STATES EX REL. INNES v. CRYSTAL

No. 136.

131 F.2d 576 (1943)

UNITED STATES ex rel. INNES v. CRYSTAL, Commanding Officer of United States Army, Governors Island, N. Y.

Circuit Court of Appeals, Second Circuit.

January 4, 1943.


Attorney(s) appearing for the Case

Peter J. Innes, Jr., pro se.

Mathias F. Correa, U. S. Atty., of New York City (Samuel Brodsky and Stuart Z. Krinsly, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

Appellant, a soldier in the military service of the United States, was convicted of criminal charges by a court-martial of the United States Army, and sought habeas corpus because of alleged errors committed by the court-martial.

The authorities generally are to the effect that the civil courts cannot consider errors at a court-martial except those that affect the jurisdiction of the court-martial or the fixing of a penalty beyond its...

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