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McKINNEY v. WARDEN, UNITED STATES PENITENTIARY

No. 6233.

273 F.2d 643 (1959)

Orville McKINNEY, Appellant, v. 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.

William M. Burch II, Major, U. S. Air Force, Office of the Judge Advocate General, Washington, D. C. (Wilbur G. Leonard, U. S. Atty., and E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan., were with him on the brief), for appellee.

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

BREITENSTEIN, Circuit Judge.

This appeal is from a judgment discharging a writ of habeas corpus. In 1945 McKinney, then a private in the Army Air Forces stationed at Lowry Field, Denver, Colorado, was convicted by a duly constituted general court-martial of the offenses of rape and sodomy in violation of Articles of War 92 and 93, respectively,1 and sentenced to life imprisonment at hard labor...

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