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SINCLAIR v. HIATT

No. 2436.

86 F.Supp. 828 (1949)

SINCLAIR v. HIATT.

District Court, N. D. Georgia, Atlanta Division.

November 1, 1949.

Attorney(s) appearing for the Case

Walter G. Cooper, Atlanta, Ga., for petitioner, plaintiff in error.

J. Ellis Mundy, United States Attorney, Atlanta, Ga., Harvey H. Tisinger, Assistant United States Attorney, Atlanta, Ga., Eugene M. Caffey, Colonel, Judge Advocate General's Corps, Fort McPherson, Ga., Seymour W. Wurfel Lieutenant Colonel, Judge Advocate General's Corps, Fort McPherson, Ga., for respondent.

E. MARVIN UNDERWOOD, District Judge.

Petitioner was, on May 12, 1945 sentenced after trial and conviction by a General Court-Martial upon the charge of murder, for the term of his natural life. The sentence was later reduced to his present sentence of twenty-five years.

The sole ground for writ of habeas corpus alleged in petitioner's application is that the Court-Martial which tried him was without jurisdiction because an officer of the Judge Advocate General...

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