WHELCHEL v. McDONALD.

No. 109.

340 U.S. 122 (1950)

WHELCHEL v. McDONALD, WARDEN.

Supreme Court of United States.

Decided December 4, 1950.


Attorney(s) appearing for the Case

Hugh Carney argued the cause and filed a brief for petitioner.

John F. Davis argued the cause for respondent. With him on the brief were Solicitor General Perlman, Assistant Attorney General McInerney and Robert S. Erdahl.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioner, while on active duty with the Army in Germany, was convicted by a general court-martial of rape on a German girl. The sentence of death, originally imposed, was reduced to a term of years. This case arises on a petition for a writ of habeas corpus filed in the District Court, challenging the legality of petitioner's detention under that sentence. That court denied the petition and the Court of Appeals...

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