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MAYBORN v. HEFLEBOWER

No. 11126.

145 F.2d 864 (1944)

MAYBORN v. HEFLEBOWER, General.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 26, 1945.

Attorney(s) appearing for the Case

Tom S. Williams, of San Antonio, Tex., for appellant.

John H. Haley, Jr., Capt., J.A.G.D., Assistant Staff Judge Advocate, 8th Service Command, of Dallas, Tex., Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and Clyde G. Hood, Asst. U. S. Atty., of Dallas, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

George M. Mayborn was convicted by a special court-martial for refusal to obey an order of his commanding officer on March 29, 1944, at Camp Barkeley, Texas. He was sentenced to imprisonment for six months with forfeiture of pay. By a petition for habeas corpus, he challenged the validity of his confinement on the ground that he was not subject to military jurisdiction, because he had refused to take...

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