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HUMPHREY v. SMITH

No. 457.

336 U.S. 695 (1949)

HUMPHREY, WARDEN, v. SMITH.

Supreme Court of United States.

Decided April 25, 1949.

Attorney(s) appearing for the Case

Robert W. Ginnane argued the cause for petitioner. With him on the brief were Solicitor General Perlman, Assistant Attorney General Campbell, Robert S. Erdahl and Philip R. Monahan.

Daniel F. Mathews argued the cause and filed a brief for respondent.

MR. JUSTICE BLACK delivered the opinion of the Court.

The respondent, Bernard W. Smith, an American soldier, was convicted by an Army court-martial for rape of one woman and assault with intent to rape another in violation of the 92d and 93d Articles of War. 10 U.S.C. §§ 1564 and 1565. His punishment was dishonorable discharge, forfeiture of all pay and allowances, and imprisonment for life. Army reviewing authorities...

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