HENRY v. HODGES

No. 56, Docket 21086.

171 F.2d 401 (1948)

HENRY v. HODGES.

United States Court of Appeals Second Circuit.

November 29, 1948.


Attorney(s) appearing for the Case

Frederick Bernays Wiener, of Washington, D. C., John F. X. McGohey, U. S. Atty., of New York City, T. Vincent Quinn, Asst. Atty. Gen., Thayer Chapman, Major, Judge Advocate General's Department, U. S. Army, of Washington, D. C., and Bertram Schwartz, Judge Advocate's Office, Headquarters First Army, of New York City (John F. Ryan, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Emil Morosini, Jr., of New York City, Robert N. Gorman, of Cincinnati, Ohio, and Henry C. Ruttiger, of Newark, N. J., for appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.


L. HAND, Chief Judge.

The respondent, who has custody of Henry, the relator, under a judgment of conviction of a general court martial, appeals from an order, releasing Henry upon habeas corpus. Only two questions are at issue: (1) Whether Henry was deprived of that "thorough and impartial investigation," preliminary to convening a "general court martial," which the Seventieth Article of War,1 affords; and (2) whether the "general court...

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