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BOURCHIER v. VAN METRE

No. 12524.

223 F.2d 646 (1955)

John Roy BOURCHIER, Appellant, v. Merle VAN METRE, Captain, United States Navy, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1955.

Attorney(s) appearing for the Case

Mr. Frank J. DeFrancis, Washington, D. C., with whom Messrs. Lykes M. Boykin and P. Bateman Ennis, Washington, D. C., were on the brief, for appellant.

Messrs. Lewis Carroll, Asst. U. S. Atty., and Richard J. Selman, Washington, D. C., of the bar of the Supreme Court of Iowa, pro hac vice, by special leave of Court, with whom Messrs. Leo A. Rover, U. S. Atty., Oliver Gasch, Principal Asst. U. S. Atty., and Alexander Stevas, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

This appeal is from a judgment of the District Court dismissing appellant's petition for a writ of habeas corpus and discharging the writ. Appellant, a lieutenant in the United States Navy, was convicted and sentenced in a general court martial for the offense of rape committed in Corpus Christi, Texas. He was sentenced by the court martial to be dismissed from the service, to forfeit all pay and allowances, and to be confined for a period...

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