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PICKENS v. COX

No. 6469.

282 F.2d 784 (1960)

Jerry R. PICKENS, Appellant, v. Colonel Weldon W. COX, MPC Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

October 4, 1960.

Attorney(s) appearing for the Case

Francis P. King, Denver, Colo., for appellant.

James C. Waller, Major, JAGC, Fort Douglas, Utah, Office of the Judge Advocate Gen., Dept. of the Army (Wilbur G. Leonard, U. S. Atty., District of Kansas, Topeka, Kan., and Thomas A. Ryan, Lieutenant Colonel, JAGC, Office of the Judge Advocate Gen., Dept. of the Army, Washington, D. C., were with him on the brief), for appellee.

Before PHILLIPS, LEWIS, and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue in this habeas corpus proceeding is whether a general court-martial had jurisdiction over appellant, Pickens, petitioner below, in view of his status as a sole surviving son at the time of induction. The trial court sustained the appellee-respondent's motion to dismiss.

Pickens was inducted into the United States Army in July, 1953, transferred to Korea in June, 1954, tried before a general court-martial on September...

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