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OWENS v. MARKLEY

No. TH 60-C-53.

186 F.Supp. 604 (1960)

Frederick OWENS, Jr., Petitioner v. T. Wade MARKLEY, Warden, United States Penitentiary, Terre Haute, Indiana, Respondent.

United States District Court S. D. Indiana, Terre Haute Division.

September 1, 1960.

Attorney(s) appearing for the Case

Frederick Owens, Jr., pro se.

Don A. Tabbert, U. S. Atty., Indianapolis, Ind., for respondent.

STECKLER, Chief Judge.

This is a petition for writ of habeas corpus. Petitioner alleges that on or about May 15, 1955, while serving in actual service of the armed forces of the United States of America, within the geographic limits of the United States, he was charged, tried and convicted by a military court-martial of a capital offense, to-wit: rape, in violation of Article 120, Uniform Code of Military Justice (64 Stat. 108), 10 U.S.C. § 801 et seq., enacted...

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