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HACKWORTH v. TAYLOR

No. 6374.

283 F.2d 250 (1960)

Edward P. HACKWORTH, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

October 5, 1960.

Attorney(s) appearing for the Case

David G. Barsotti, Denver, Col., for appellant.

James C. Waller, Major, J.A.G.C., Department of the Army, Washington, D. C. (Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and Thomas A. Ryan, Lieutenant Colonel, J.A.G.C., Department of the Army, Washington, D. C., on the brief), for appellee.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.

PER CURIAM.

Appellant seeks review of an order of the District Court for the District of Kansas discharging a petition for a writ of habeas corpus. Appellant is presently confined as a military prisoner at the United States Penitentiary at Leavenworth pursuant to the judgment and sentence of a general court martial imposed after conviction of the offense of unpremeditated murder. Appellant was convicted of the murder of a fellow soldier, the offense occurring in Korea...

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