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WRUBLEWSKI v. McINERNEY

No. 11682.

166 F.2d 243 (1948)

WRUBLEWSKI v. McINERNEY, Commanding Officer of United States Naval Receiving Station, et al.

Circuit Court of Appeals, Ninth Circuit.

February 25, 1948.

Attorney(s) appearing for the Case

Edwin S. Wilson, of San Francisco Cal., for appellant.

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

Before GARRECHT, HEALY, and ORR, Circuit Judges.

HEALY, Circuit Judge.

This appeal is from a judgment dismissing for insufficiency a petition for release on habeas corpus. The case presents a claim of double jeopardy growing out of two successive trials of appellant before a naval general court-martial.

So far as material to the inquiry, the petition shows the following facts. Petitioner, who is or was an ensign in the Navy, was tried in 1944 before a naval court-martial on charges of murder and assault...

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