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DAY v. WILSON

No. 71-54.

155 F.Supp. 469 (1957)

John E. DAY, Jr., Petitioner, v. Charles E. WILSON, Secretary of Defense, et al., Respondents.

United States District Court District of Columbia.

September 30, 1957.

Attorney(s) appearing for the Case

Harry E. Wood, Guy Emery, Ansell & Ansell, Washington, D. C., for plaintiff.

Oliver Gasch, U. S. Atty., Alfred Burka, Asst. U. S. Atty., Washington, D. C., for defendant.

McGARRAGHY, District Judge.

This is a petition for a writ of habeas corpus filed by John E. Day, Jr., a resident of the District of Columbia and an enlisted member of the United States Army who, at the time of filing his petition, was detained under sentence of death imposed by a General Court-Martial convened in Korea October 1, 1951, for murder in violation of the 92nd Article of War and for assault with a deadly weapon with intent to do great bodily harm in violation...

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