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HIATT v. BROWN

No. 12641.

175 F.2d 273 (1949)

HIATT, Warden, v. BROWN BROWN v. HIATT, Warden.

United States Court of Appeals Fifth Circuit.

June 16, 1949.

Attorney(s) appearing for the Case

J. Ellis Mundy, U.S. Atty., and Harvey H. Eisinger, Asst. U.S. Atty., Atlanta, Ga., Eugene M. Caffey, Col. JAGD Hq. 3rd Army, and H. M. Peyton, Lt. Col. JAGD Hq. 3rd Army, Fort McPherson, Ga., for appellant and cross-appellee.

Walter G. Cooper, Atlanta, Ga., for appellee and cross-appellant.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

McCORD, Circuit Judge.

Eugene Preston Brown, while serving as a soldier in the occupation forces of the United States Army, was tried and convicted by a general court-martial at Mannheim, Germany, on January 14, 1947, for a violation of Article of War 92. Title 10 U.S. C.A. § 1564. He was thereupon sentenced to be confined at hard labor for life, to be dishonorably discharged from the service, and to forfeit all pay and allowances due or to become due. Upon recommendation...

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