WAITE v. OVERLADE

No. 9362.

164 F.2d 722 (1947)

WAITE v. OVERLADE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 10, 1948.


Attorney(s) appearing for the Case

Gilbert W. Gambill, Benjamin G. Cox, Gambill, Dudley, Cox & Crawford, and Eaton J. Dudley, all of Terre Haute, Ind., for appellant.

Lt. Col. Nicholas R. Voorhis, of Washington, D. C., Office of Judge Advocate General, B. Howard Caughran, U. S. Atty., of Indianapolis, Ind., and Thayer Chapman, Major, J A G D, Judge Advocate General's Office, of Washington, D. C., for appellee.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

Appellant filed his petition for writ of habeas corpus to secure his release from prison where he is serving a sentence of ten years' imprisonment on conviction by a court-martial of the charge of rape. The District Court, after hearing his testimony and that of respondent, and considering the record of the court-martial proceedings and other exhibits introduced in evidence, rendered special findings...

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