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RUBENSTEIN v. WILSON

No. 12022.

212 F.2d 631 (1954)

RUBENSTEIN v. WILSON, Secretary of Defense et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 10, 1954.

Attorney(s) appearing for the Case

Mr. Myron G. Ehrlich, Washington, D. C., with whom Mr. Joseph Sitnick, Washington, D. C., was on the brief, for appellant.

Mr. Oliver Gasch, Principal Asst. U. S. Atty., Washington, D. C., and Lt. Col. Chester W. Wilson, Office of the Judge Advocate General, United States Air Force, Washington, D. C., of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of Court, with whom Messrs. Leo A. Rover, U. S. Atty., and Edward O. Fennell and Lewis A. Carroll, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellees.

Before BAZELON, WASHINGTON and DANAHER, Circuit Judges.

BAZELON, Circuit Judge.

This is an appeal from an order of the District Court dismissing a petition for a writ of habeas corpus. A critical issue raised is whether, during the period from June to November 1951, appellant was a person "accompanying" the Armed Forces within the meaning of Article 2(11) of the Uniform Code of Military Justice.1 Appellees say that he was, that hence he is amenable to trial by court-martial for various offenses...

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