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EX PARTE BENTON

No. 25293-G.

63 F.Supp. 808 (1945)

Ex parte BENTON.

District Court, N. D. California, S. D.

November 26, 1945.

Attorney(s) appearing for the Case

Douglas M. Moore and Keyes & Erskine, all of San Francisco, Cal., for petitioner.

Frank J. Hennessy, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for respondent.

GOODMAN, District Judge.

The petitioner alleges that he is unlawfully detained by the United States Army authorities and held, after conviction at a general Army Court Martial of the crime of murder in violation of the 92nd Article of War, 10 U.S.C.A. § 1564, to serve a sentence of life imprisonment imposed by the Military Court. He alleges in his petition that "the counsel assigned to defend (him) before the Court Martial that tried him were so unqualified,...

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