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MARTIN v. YOUNG

No. 34804.

134 F.Supp. 204 (1955)

John D. MARTIN, Petitioner, v. Robert N. YOUNG, Commanding General Sixth United States Army, et al., Respondents.

United States District Court N. D. California, S. D.

September 1, 1955.

Attorney(s) appearing for the Case

Robert E. Hannon, Castro Valley, Cal., for petitioner.

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for respondents.

GOODMAN, District Judge.

Petitioner, a private in the United States Army, is imprisoned at the Presidio of San Francisco, within this District, waiting trial by a general court-martial of a charge preferred against him on April 8, 1955. By petition for the writ of habeas corpus, he seeks his release on the ground that the Department of the Army is without jurisdiction to try him by court-martial for the offense charged.

The issue tendered by the petition is...

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