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BENNETT v. DAVIS

No. 6039.

267 F.2d 15 (1959)

John A. BENNETT, Appellant, v. Colonel James W. DAVIS, Commandant, Colonel Raymond E. Jessen, Officer in Charge, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellees.

United States Court of Appeals Tenth Circuit.

May 12, 1959.

Attorney(s) appearing for the Case

J. L. Williams, Danville, Va., for appellant.

Wilbur G. Leonard, E. Edward Johnson, Topeka, Kan., and Peter S. Wondolowski, Washington, D. C., on brief for appellees.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.

MURRAH, Circuit Judge.

This appeal is from an order dismissing a writ of habeas corpus after a full hearing. Petitioner, John A. Bennett, while serving with the United States Army in Austria, was convicted and sentenced to death for rape and attempted premeditated murder in violation of Articles 120 and 80, Uniform Code of Military Justice. 10 U.S.C. §§ 920, 880. Pursuant to the provisions of Articles 61, 64, 66 and 67(b) (1), Uniform Code of Military Justice...

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