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BENJAMIN v. HUNTER

No. 1038.

75 F.Supp. 775 (1947)

BENJAMIN v. HUNTER, Warden.

District Court, D. Kansas, First Division.

December 29, 1947.

Attorney(s) appearing for the Case

W. H. Biddle, of Leavenworth, Kan. (Howard F. McCue, of Topeka, on the brief), for petitioner.

James W. Wallace and Eugene W. Davis, Asst. U. S. Attys., both of Topeka, Kan., and Lt. Colonel L. A. Arn, J.A.G.D., of Washington, D. C., for respondent.

MELLOTT, District Judge.

Petitioner, by a petition for a writ of habeas corpus, assails the validity of his detention in the United States Penitentiary at Leavenworth, Kansas. Therein he alleges that he is serving an eight-year sentence, as remitted, imposed by a general court-martial of the army on June 27, 1943, at Turlock, California, pursuant to general order No. 1039, 9th Service Command, Fort Douglas, Utah, having been charged with, and convicted of, assault...

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