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BURNS v. TAYLOR

No. 6208.

274 F.2d 141 (1959)

John W. BURNS, Appellant v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

December 29, 1959.

Attorney(s) appearing for the Case

Roy Cook, Kansas City, Kan., for appellant.

Peter S. Wondolowski, Washington, D. C. (Wilbur G. Leonard, Topeka, Kan., Milton P. Beach, Kansas City, Kan., and Thomas A. Ryan, Washington, D. C., were with him on the brief), for appellee.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and CHRISTENSON, District Judge.

MURRAH, Chief Judge.

This is an appeal from an order of the District Court of Kansas denying application for writ of habeas corpus, in which the appellant challenges the lawfulness of his confinement as a military prisoner.

The facts are that while serving as a soldier in the United States army in Alaska in the grade of corporal, petitioner was tried by a court-martial convened in Alaska, and found guilty of the offenses of rape of his eleven-year-old daughter...

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