ANNINO v. SANFORD

No. 10983.

142 F.2d 672 (1944)

ANNINO v. SANFORD, Warden.

Circuit Court of Appeals, Fifth Circuit.

May 19, 1944.


Attorney(s) appearing for the Case

Peter Annino, in pro. per., for appellant.

Captain Myron T. Nailling, J. A. G. D., Army of the U. S., and M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.


PER CURIAM.

The petitioner for habeas corpus was imprisoned under the sentence of a courtmartial for violation of the Articles of War punishing desertion and escape from confinement, 10 U.S.C.A. § 1530, 1541. The district judge on the hearing found that the court was properly constituted, that the accused had counsel appointed by the court and accepted by him, was fully heard, and that accused did not testify because, though advised of his right to do so by court...

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