McDONALD v. LEE

No. 15017.

217 F.2d 619 (1954)

A. McDONALD, Warden, Federal Correctional Institution, Texarkana, Texas, v. Morris W. LEE.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 5, 1955.


Attorney(s) appearing for the Case

James W. Booth, Judge Advocate General's Office Dept. of Army, Washington, D. C., William M. Steger, U. S. Atty., Harlon E. Martin, Asst. U. S. Atty., Tyler, Tex., for appellant.

Lemuel C. Hutchins, Tyler, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.


RIVES, Circuit Judge.

In a habeas corpus proceeding the district court held that two court-martial sentences, the first for ten years and the second for six months, were served concurrently by Morris W. Lee up to the time he completed the six months sentence, and hence that he was entitled to be released on December 10, 1953 at the expiration of his ten year sentence.

On January 20, 1947, Lee, then a private in the United States Army in Germany, was tried...

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