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BROWN v. HUNTER

No. 3761.

172 F.2d 487 (1949)

BROWN v. HUNTER, Warden.

United States Court of Appeals Tenth Circuit.

January 26, 1949.

Attorney(s) appearing for the Case

Howard F. McCue, of Topeka, Kan., for appellant.

Nicholas R. Voorhis, Lt. Col., JAGD, of Washington, D. C. (Lester Luther, U. S. Atty., and Eugene W. Davis, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from a discharge of a writ of habeas corpus.

Brown, the petitioner, was convicted by a general courts-martial board for rape in violation of Article of War 92.1 The sentence, as announced by the president of the board, was as follows:

"Upon closed session of the Court, three-fourths of all members present at the time the vote was taken concurring, sentences you to be dishonorably...

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