GUSIK v. SCHILDER.

No. 110.

340 U.S. 128 (1950)

GUSIK v. SCHILDER, WARDEN.

Supreme Court of United States.

Decided December 4, 1950.


Attorney(s) appearing for the Case

Morris Morgenstern argued the cause for petitioner. With him on the brief were Bernard B. Direnfeld, Leo Chimo, Francis Picklow, Marvin L. Shaw and Cedric Griffith.

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


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a petition for a writ of habeas corpus filed in the District Court on behalf of petitioner challenging the legality of his detention by respondent. Respondent holds Gusik pursuant to a court-martial judgment convicting him of murder while he was stationed in Italy as a member of the United States Army. After conviction by the court-martial petitioner exhausted all his remedies for reversal or modification...

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