KUYKENDALL v. HUNTER

No. 4186.

187 F.2d 545 (1951)

KUYKENDALL v. HUNTER.

United States Court of Appeals Tenth Circuit.

March 1, 1951.


Attorney(s) appearing for the Case

Arthur G. Warner and James E. Birdsall, New York City, on the brief, for appellant.

Hugh J. McGrath, Washington, D. C. (Lester Luther, U.S. Atty., Malcolm Miller, Asst. U.S. Atty., Topeka, Kan., Rear Admiral George L. Russell, and Lieutenant Commander Ralph K. Brandt, Washington, D. C., with him on the brief), for appellee.

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


HUXMAN, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Kansas, dismissing appellant's petition for writ of habeas corpus, quashing the writ theretofore issued, and remanding appellant to the custody of the respondent warden.

Appellant was tried before a general court martial. He was charged with desertion in time of war, rape — 4 specifications, theft — 6 specifications, and conduct prejudicial...

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