UNITED STATES v. KISH

No. 347.

176 F.Supp. 820 (1959)

UNITED STATES ex rel. Franklin E. ATKINSON, Petitioner, v. Colonel William J. E. KISH, Commandant, Branch United States Disciplinary Barracks, New Cumberland, Pennsylvania, Respondent.

United States District Court Middle District Pennsylvania.

September 15, 1959.


Attorney(s) appearing for the Case

Jerome H. Gerber, Harrisburg, Pa., for petitioner.

Peter S. Wondolowski, Lieutenant Colonel, JAGC, Office of The Judge Advocate General, Department of the Army, Washington, D. C., Daniel H. Jenkins, U. S. Atty., Scranton, Pa., for respondent.


FOLLMER, District Judge.

This is an application for a writ of habeas corpus by Franklin E. Atkinson, a prisoner serving a sentence by a general court-martial. Petitioner contends:

(a) that the court-martial lacked jurisdiction over the offense of larceny, for which he was convicted, since it was committed prior to his discharge and reenlistment on May 22, 1956;

(b) that he was denied the effective assistance of counsel because his counsel failed to...

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