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STOUT v. HANCOCK

No. 5304.

146 F.2d 741 (1944)

STOUT, Colonel, United States Army, v. HANCOCK.

Circuit Court of Appeals, Fourth Circuit.

December 20, 1944.

Attorney(s) appearing for the Case

William J. Hughes, Jr., Colonel, J. A. G. D., and William Strong, Attorney, Department of Justice, both of Washington, D. C. (O. H. Doyle, U. S. Atty., and W.M. Walters, Asst. U.S. Atty., both of Greenville, S. C., Myron C. Cramer, Major General, The Judge Advocate General, United States Army, William A. Rounds, Colonel, J. A. G. D., Acting Assistant Judge Advocate General in Charge of Military Justice Matters, both of Washington, D. C., and Reid B. Barnes, Major, J. A. G. D., of Atlanta, Ga., on the brief), for appellant.

Thomas A. Wofford and Alfred F. Burgess, both of Greenville, S. C., for appellee.

Before PARKER, SOPER and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order in a habeas corpus proceeding directing Colonel Stout, the Commanding Officer of the Greenville Army Air Base, to release from custody one Hancock, who had been convicted by general court-martial of the crime of rape and sentenced to life imprisonment. The ground of the order releasing Hancock was that only six of the eight members of the general court-martial had voted for his conviction, the court holding that...

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