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SMITH v. HUMPHREY

No. 242.

89 F.Supp. 948 (1949)

SMITH v. HUMPHREY.

United States District Court Middle D. Pennsylvania.

December 30, 1949.

Attorney(s) appearing for the Case

Bernard W. Smith, pro se.

Arthur A. Maguire, United States Attorney, Scranton, Pa., Charles W. Kalp, Assistant United States Attorney, Lewisburg, Pa., for respondent.

FOLLMER, District Judge.

Bernard W. Smith has filed his second application in this Court for a writ of habeas corpus.1 In an "Appendix II" to his petition he sets forth as his reason for not having applied for a new trial or other relief under the provisions of the 53rd Article of War, 10 U.S.C.A. § 1525, that he has been discharged, is now a civilian and no longer subject to military jurisdiction. Petitioner admits that he is now...

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