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SIMMONS v. HUNTER

No. 3976.

179 F.2d 664 (1950)

SIMMONS v. HUNTER.

United States Court of Appeals Tenth Circuit.

January 4, 1950.

Attorney(s) appearing for the Case

Hal C. Davis, Topeka, Kan., for appellant.

Eugene W. Davis, Assistant U. S. Attorney, Topeka, Kan., Col. Reginald C. Miller and Major Oilver 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.

PER CURIAM.

This is a companion case to McMahan v. Hunter, 10 Cir., 179 F.2d 661. The cases were consolidated and argued together.

In this case, Simmons, while serving in the armed forces of the United States in Germany, was charged with violation of Article of War 92, 10 U.S.C.A. § 1564. He was tried and convicted by a court-martial and is now serving his sentence in the United States Federal Penitentiary, Leavenworth...

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