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BURNS v. HARRIS

No. 17665.

340 F.2d 383 (1965)

Johnnie F. BURNS, Appellant, v. Dr. Jesse D. HARRIS, Warden, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 11, 1965.

Attorney(s) appearing for the Case

Johnnie F. Burns filed typewritten brief pro se.

F. Russell Millin, U. S. Atty., John Harry Wiggins, Asst. U. S. Atty., Kansas City, Mo., Abraham Nemrow, Lt. Col., JAGC Office of Judge Advocate General, Dept. of the Army, and Joseph J. DeFrancesco, Capt., JAGC, Office of Judge Advocate General, Dept. of the Army, Washington, D. C., filed printed brief, for appellee.

Before JOHNSEN, Chief Judge, and VAN OOSTERHOUT and BLACKMUN, Circuit Judges.

PER CURIAM.

Johnnie F. Burns, now confined in the United States Medical Center at Springfield, Missouri, appeals from an order denying his ninth petition for a writ of habeas corpus. By this petition Burns challenges the validity of his general court-martial conviction for unpremeditated murder, in violation of Article 118 (2) of the Uniform Code of Military Justice, 10 U.S.C. § 918 (then 50 U.S.C. § 712).1

Burns' present...

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