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LEE v. MADIGAN

No. 42.

358 U.S. 228 (1959)

LEE v. MADIGAN, WARDEN.

Supreme Court of United States.

Decided January 12, 1959.

Attorney(s) appearing for the Case

Carl L. Rhoads and Robert Edward Hannon argued the cause for petitioner. With them on the brief was Charles Upton Shreve.

John F. Davis argued the cause for respondent. On the brief were Solicitor General Rankin, Assistant Attorney General White and Harold H. Greene.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Article of War 92, 10 U. S. C. (1946 ed., Supp. IV) § 1564, which, prior to the adoption of the Uniform Code of Military Justice,1 governed trials for murder or rape before courts-martial,2 contained a proviso "That no person shall be tried by court-martial for murder or rape committed within the geographical...

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