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ALTMAYER v. SANFORD

No. 11237.

148 F.2d 161 (1945)

ALTMAYER v. SANFORD, Warden.

Circuit Court of Appeals, Fifth Circuit.

March 12, 1945.

Attorney(s) appearing for the Case

Michael R. Altmayer, in pro. per., for appellant.

M. Neil Andrews, U. S. Atty., Harvey H. Tisinger, Asst. U. S. Atty., Myron T. Nailling, Major, J.A.G.D., Hdq., 4th Service Command, and Reid B. Barnes, Major, J.A.G.D., Hdq., 4th Service Command, all of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

Appellant was convicted by a general court-martial of violating the 92nd Article of War, 10 U.S.C.A. § 1564. He seeks release from custody on the ground that his constitutional rights were denied him by the court-martial in that (1) his civilian defense attorney was not present during part of the trial, (2) he was held incommunicado from his said attorney during the evening of the first day of the trial, (3) his appointed counsel was not...

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