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DAY v. DAVIS

No. 5344.

235 F.2d 379 (1956)

John E. DAY, Jr., Appellant, v. Colonel James W. DAVIS, Commandant, U. S. Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 9, 1956.

Certiorari Denied October 22, 1956.

Attorney(s) appearing for the Case

Homer Davis, Leavenworth, Kan., for appellant.

James W. Booth, Lt. Col., JAGC, Department of the Army, Washington, D. C. (William C. Farmer, U. S. Atty., Topeka, Kan., Selby S. Soward, Asst. U. S. Atty., Topeka, Kan., and Cecil L. Forinash, Lt. Col., JAGC, Department of the Army, Washington, D. C., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, PHILLIPS, Circuit Judge, and ROGERS, District Judge.

Certiorari Denied October 22, 1956. See 77 S.Ct. 104.

PHILLIPS, Circuit Judge.

John E. Day, Jr., is in the custody of Colonel James W. Davis, Commandant, U. S. Disciplinary Barracks, at Fort Leavenworth, Kansas, under a court-martial sentence of death. He filed his application for a writ of habeas corpus in the United States District Court for the District of Kansas. Davis filed an answer. After a full hearing, the court entered an order discharging the writ...

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