MOSHER v. HUNTER

No. 2893.

143 F.2d 745 (1944)

MOSHER v. HUNTER

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 17, 1944.


Attorney(s) appearing for the Case

Coleman Hayes, of Oklahoma City, Okl., for appellant.

Eugene W. Davis, of Topeka, Kan. (George H. West, of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

In February 1920, appellant, a soldier in the United States Army of Occupation, was tried by a general court-martial for murder in violation of the 92nd Article of War, 10 U.S.C.A. § 1564.

He was found guilty and sentenced to life imprisonment and dishonorably discharged. On May 23, 1920, while in the custody of the military authorities awaiting final approval of his sentence, appellant escaped and committed robbery in violation...

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