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POWERS v. HUNTER

No. 3959.

178 F.2d 141 (1949)

POWERS v. HUNTER, Warden.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 16, 1949.

Attorney(s) appearing for the Case

L. Berwyn Ullstrom, Denver, Colo. and E. F. Conly, Denver, Colo., for appellant.

Hugh J. McGrath, Washington, D. C., (Lester Luther, United States Attorney, Malcolm Miller, Assistant United States Attorney, Topeka, Kan., George L. Russell, Rear Admiral, U. S. Navy, and Thomas H. Humphreys, Jr., Lieutenant Commander, U. S. Navy, were with him on the brief) for appellee.

Before BRATTON and HUXMAN, Circuit Judges, and RICE, District Judge.

HUXMAN, Circuit Judge.

Petitioner, Johnie H. Powers, while serving as a sergeant in the United States Marine Corps, was convicted on March 22, 1945, by naval general court martial convened at the United States Naval Training and Distribution Center, San Francisco, California, by order of the Commandant, Twelfth Naval District and Commander. Naval Operating Base, San Francisco, California, of the offenses of (1) rape (two...

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