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McCLELLAN v. HERITAGE

No. 21361.

337 F.2d 239 (1964)

John D. McCLELLAN, Appellant, v. David M. HERITAGE, Warden, United States Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

October 8, 1964.

Attorney(s) appearing for the Case

Gus L. Wood, Asst. U. S. Atty., Atlanta, Ga., Joseph J. DeFrancesco, Capt., JAGC, Office of Judge Advocate General, Dept. of the Army, Washington, D. C., Julius M. Hulsey, Asst. U. S. Atty., Charles L. Goodson, U. S. Atty., Atlanta, Ga., Abraham Nemrow, Lt. Col., JAGC, Office of Judge Advocate General, Dept. of the Army, Washington, D. C., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and WHITEHURST, District Judge.

PER CURIAM.

This case is here on appeal from the denial of a writ of habeas corpus. Appellant John D. McClellan was tried by a general court-martial in France on July 25 and 26, 1946, and was convicted of rape, escape, and desertion. He is presently serving out his sentence for these offenses in the Atlanta federal penitentiary. The court-martial was appointed by a special order dated July 24, 1946, which concluded, "By Command of Major General Lewis," followed by...

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