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HEILMAN v. UNITED STATES

No. 16628.

406 F.2d 1011 (1969)

Edward HEILMAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

February 10, 1969.

Attorney(s) appearing for the Case

Jonathan T. Howe, Chicago, Ill., for appellant.

Capt. Richard F. Locke, Litigation Division, Office of the Judge Advocate General, Department of Army, Washington, D. C., K. Edwin Applegate, U. S. Atty., Indianapolis, Ind., David L. Casterline, Asst. U. S. Atty., Southern District of Indiana, Indianapolis, Ind., Arnold I. Melnick, Lieutenant Colonel, JAGC, Office of The Judge Advocate General, Department of the Army, Washington, D. C., for appellee.

Before CASTLE, Chief Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

This is an appeal from the denial of a petition for writ of habeas corpus without an evidentiary hearing. In 1959 in Goeppinger, Germany, petitioner was convicted by a general court-martial of the larceny of a pistol, the premeditated murder of Charles R. Ehrstein, and attempted premeditated murder of James L. Hahn, both Army privates. In November 1960, the Board of Review in the Office of the Judge Advocate General of the Army reduced the...

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