BURNS v. SANFORD

No. 2265 H. C.

77 F.Supp. 464 (1948)

BURNS ex rel. BURNS v. SANFORD.

District Court, N. D. Georgia, Atlanta Division.

April 20, 1948.


Attorney(s) appearing for the Case

Habeas corpus proceeding by Leroy Burns, on the relation of Carrie Burns, against Joseph W. Sanford, Warden, United States Penitentiary, Atlanta, Georgia.

Writ of habeas corpus discharged and petitioner remanded to custody of the respondent.

Irving M. Strauch, of Memphis, Tenn., for petitioner.

J. Ellis Mundy, U. S. Atty., Harvey H. Tisinger and F. Douglas King, Asst. U. S. Attys., and Colonel Eugene Ferry Smith, J. A. G. D., Staff Judge Advocate, Third Army, all of Atlanta, Ga., for respondent.


UNDERWOOD, District Judge.

In October 1945, petitioner and five others were tried together and, as far as petitioner was concerned, convicted by a general court-martial upon charges and specifications alleging assault with intent to commit rape upon one Ruby Scott; assault with intent to commit rape upon Corporal Anna Dackerman; assault upon Sergeant William F. Fields; and commission of a riot.

Upon conviction of said charges, petitioner was sentenced upon...

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