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WHITE v. HUMPHREY

No. 11207.

212 F.2d 503 (1954)

WHITE v. HUMPHREY.

United States Court of Appeals Third Circuit.

Decided April 22, 1954.

Attorney(s) appearing for the Case

H. Clay Espey, Washington, D. C., for appellant.

Lt. Col. Howard O. Husband, Judge Advocate General's Corps., Washington, D. C. (J. Julius Levy, U. S. Atty., Scranton, Pa., Stephen A. Teller, Asst. U. S. Atty., Wilkes Barre, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant, then a United States Army sergeant serving in Germany, was convicted by a general court-martial of unpremeditated murder. While serving his sentence at the United States Penitentiary at Lewisburg, Pa., he filed a petition for a writ of habeas corpus and obtained a rule to show cause why it should not be allowed. After hearing, the rule was dismissed and the petition denied. D.C., 115 F.Supp. 317<...

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