HIBBS v. CATOVOLO

No. 11168.

145 F.2d 866 (1944)

HIBBS, Major General, et al. v. CATOVOLO.

Circuit Court of Appeals, Fifth Circuit.

December 21, 1944.


Attorney(s) appearing for the Case

John W. Savage, Asst. U. S. Atty., of Jackson, Miss., and Reid B. Barnes, Major, J.A.G.D., Hdq., 4th Service Command, of Atlanta, Ga., for appellants.

Alfred A. Albert, of Boston, Mass., for appellee.

Before HOLMES, McCORD, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment sustaining appellee's writ of habeas corpus and discharging him from the custody of appellant. The decisive question is whether appellee was subject to military jurisdiction as a member of the armed forces when he applied for the writ.

After being classified in 1A by his local draft board, appellee was ordered to report for induction on August 19, 1943. He voluntarily complied with this order, passed his...

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