MONTALVO v. HIATT

No. 12698.

174 F.2d 645 (1949)

MONTALVO v. HIATT, Warden.

United States Court of Appeals Fifth Circuit.

May 30, 1949.


Attorney(s) appearing for the Case

Col. Eugene M. Caffey, Lt. Col. H. M. Peyton, Lt. Col. Seymour W. Wurfel, J. A. G. D., Hq. 3rd Army, Fort McPherson, Ga., J. Ellis Mundy, U. S. Attorney, Harvey H. Tisinger, F. Douglas King, Asst. U. S. Attorneys, Atlanta, Ga., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


PER CURIAM.

Applicant, imprisoned under a sentence of a general court-martial, was produced under a writ of habeas corpus and his contentions fully heard. The court-martial record shows a duly constituted court, a trial under a charge of murder, a conviction, a sentence to life imprisonment, reduced to twenty-seven years. The main contention is that the evidence did not show premeditation and the charge ought to have been manslaughter. Another contention is that accused...

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