MADSEN v. KINSELLA

No. 6220.

188 F.2d 272 (1951)

MADSEN v. KINSELLA, Warden.

United States Court of Appeals Fourth Circuit.

Decided April 2, 1951.


Attorney(s) appearing for the Case

Joseph S. Robinson, New York City (Dayton M. Harrington, James D. Graham, Jr., and Harrington & Graham, all of Washington, D. C., John C. Morrison, and Jackson, Kelly, Morrison & Moxley, all of Charleston, W. Va., on brief), for appellant.

John M. Raymond, Asst. Legal Adviser, Department of State, Washington, D. C. (A. Garnett Thompson, U. S. Atty., Charleston, W. Va., and Joseph M. Sweeney, Asst. Legal Adviser, United States State Department, Washington, D. C., on brief) for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

This is an appeal from an order refusing to discharge appellant in a habeas corpus proceeding. Appellant was convicted of murdering her husband, an officer in the American Army, in the American Zone of Germany, by a trial court set up under the authority of the United States in the occupied territory. The conviction was affirmed but the sentence slightly modified by a reviewing court, similarly set up in the occupied territory under authority...

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