Civil Action No. 1100.

53 F.Supp. 582 (1944)

SMITH v. RICHART, Colonel United States Army.

District Court, E. D. South Carolina, Columbia Division.

January 27, 1944.

Attorney(s) appearing for the Case

Grover C. Powell, of Atlanta, Ga., and Curran E. Cooley, of Anderson, S. C., for petitioner.

C. N. Sapp. U. S. Atty., and H. H. Edens, Asst. U. S. Atty., both of Columbia, S. C., and Captain Myron T. Nailling, J.A.G.D., Litigation Officer, Fourth Service Command, of Atlanta, Georgia, for respondent.

WYCHE, District Judge (sitting by designation).

This is an application for writ of habeas corpus filed by Lila Smith, the mother of Louis Dabney Smith, Jr., to obtain his release from the military stockade at Fort Jackson, South Carolina, where he is being held awaiting trial by a general court-martial of the United States Army for violations of Articles of War 64, 65 and 96, 10 U.S.C.A. §§ 1536, 1537, 1568.

I find the facts to be as follows:

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