GORKO v. COMMANDING OFFICER, SECOND A. F., SHREVEPORT, LA.

No. 7105.

314 F.2d 858 (1963)

Daniel M. GORKO, Appellant, v. COMMANDING OFFICER, SECOND AIR FORCE, SHREVEPORT, LOUISIANA, Commanding Officer, Forbes Air Force Base, Topeka, Kansas, and Provost Marshal, Forbes Air Force Base, Topeka, Kansas, Appellees.

United States Court of Appeals Tenth Circuit.

February 8, 1963.


Attorney(s) appearing for the Case

Wayne E. Hundley and Sam A. Crow, Topeka, Kan., for appellant.

Frank O. House and Roy D. Adcock, Office of the Judge Advocate General, and Gerald P. Choppin, Atty., Dept. of Justice (Burke Marshall, Asst. Atty. Gen., Newell A. George, U. S. Atty., and Harold H. Greene, Atty., Dept. of Justice, were on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant-petitioner Gorko sought habeas corpus on the grounds that a military court-martial had no jurisdiction over him because of the termination of his period of enlistment, that he had been denied a speedy trial as guaranteed by the Sixth Amendment, and that he was subjected to double jeopardy in violation of the Fifth Amendment. The trial court denied relief and this appeal followed.

Gorko, an enlisted man in the United States...

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