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BROWN v. SANFORD

No. 12352.

170 F.2d 344 (1948)

BROWN v. SANFORD, Warden.

United States Court of Appeals Fifth Circuit.

November 3, 1948.

Attorney(s) appearing for the Case

Henry L. Bowden and M. Neil Andrews, both of Atlanta, Ga., for appellant.

Col. Eugene M. Caffey, Hq. 3rd Army, J. A. G. D., Col. H. M. Peyton and Col. Eugene Ferry Smith, all of Fort McPherson, and J. Ellis Mundy, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.

McCORD, Circuit Judge.

In June, 1944, appellant, while a Second Lieutenant in the United States Army Air Corps, was charged before a General Court-Martial, convened at Laurinburg-Maxton Army Air Base, Maxton, North Carolina, with a violation of the 92nd Article of War, 10 U.S.C.A. § 1564, the specification being rape of a named female, and with a further violation of the 93rd Article of War, 10 U.S.C.A. § 1565, the specification being assault with intent...

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