BURCHFIELD v. HIATT

No. 2392.

86 F.Supp. 18 (1949)

BURCHFIELD v. HIATT.

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

July 15, 1949.


Attorney(s) appearing for the Case

Robert S. Burchfield, in pro. per.

J. Ellis Mundy, U. S. Attorney, Harvey H. Tisinger, Asst. U. S. Attorney, Atlanta, Georgia, Eugene M. Caffey, Colonel, Judge Advocate General's Corps., H. M. Peyton, Lieutenant Colonel, Judge Advocate General's Corps., Ft. McPherson, Georgia, for respondent.


E. MARVIN UNDERWOOD, District Judge.

On November 16, 1945, petitioner was tried and convicted before a General Court-Martial, convened at Los Angeles, California, upon charges of violation of certain Articles of War and sentenced to a term of fifteen years.

The sole ground for writ of habeas corpus alleged by petitioner is that the court-martial was without jurisdiction because not legally constituted in that the Law Member was not an officer of the Judge...

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