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UNITED STATES EX REL. KELLY v. DISTRICT COMMANDANT

No. 93, Docket 21462.

177 F.2d 369 (1949)

UNITED STATES ex rel. KELLY v. DISTRICT COMMANDANT, UNITED STATES NAVY et al.

United States Court of Appeals Second Circuit.

Decided October 28, 1949.

Attorney(s) appearing for the Case

D. George Paston, New York City, attorney and counsel, for relator-appellant.

J. Vincent Keogh, United States Attorney, Brooklyn, N. Y., Frank J. Parker, Chief Assistant United States Attorney, Brooklyn, N. Y., counsel, for respondents-appellees.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

PER CURIAM.

This is an appeal from an order dismissing a writ of habeas corpus sued out by the relator Kelly on the ground that he was improperly sentenced to imprisonment and dishonorably discharged from the United States Coast Guard by a court martial which convicted him of the offense of desertion. There was no showing that the court martial lacked general jurisdiction of the person or of the subject matter. Its findings were attacked because the relator was said...

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