CHANDLER v. MARKLEY

No. 13286.

291 F.2d 157 (1961)

Fred R. CHANDLER and Clifton Franks, Petitioners-Appellants, v. T. W. MARKLEY, Warden, United States Penitentiary, Terre Haute, Indiana, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

June 9, 1961.


Attorney(s) appearing for the Case

Alfred Avins, Chicago, Ill., for appellants.

Don A. Tabbert, U. S. Atty., Indianapolis, Ind., Major James C. Waller, Jr., Judge Advocate General's Office, Department of the Army, Washington, D. C., Philip R. Melangton, Jr., Asst. U. S. Atty., Southern District of Indiana, Indianapolis, Ind., Thomas A. Ryan, Lieutenant Colonel, JAGC, Office of The Judge Advocate General, Department of the Army, Washington, D. C., for appellee.

Before DUFFY and KNOCH, Circuit Judges, and GRUBB, District Judge.


KNOCH, Circuit Judge.

Fred R. Chandler and Clifton Franks, petitioners herein, are prisoners in the United States Penitentiary at Terre Haute, Indiana. They petitioned the District Court for writ of habeas corpus, which was denied. After denial of a motion for reconsideration, they appealed to this Court.

The petitioners, together with five other United States soldiers, were jointly tried in Germany by a United States General Court-Martial, which found them...

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