McMAHAN v. HUNTER

No. 3975.

179 F.2d 661 (1950)

McMAHAN v. HUNTER.

United States Court of Appeals Tenth Circuit.

January 4, 1950.


Attorney(s) appearing for the Case

Charles E. Dierker, Oklahoma City, Okl., for appellant.

Eugene W. Davis, Assistant U. S. Attorney, Topeka. Kan., Col. Reginald C. Miller and Major Oliver R. Wells, Washington, D. C. (Lester Luther, United States Attorney, Topeka, Kan., on the brief), for appellee.

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


HUXMAN, Circuit Judge.

The appellant, Robert W. McMahan, while stationed near Gabligen, Germany, with the United States Armed Forces, was charged under Articles of War 92 and 96, 10 U.S.C.A. §§ 1564, 1566, with rape and with wilfully applying to his own use, without proper authority, a truck, the property of the United States. He was tried and convicted before a Military Court-Martial of the crime of attempted rape...

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