Legal Opinion

Ex Parte Drainer

District Court, N.D. California

Decided April 16, 1946No. 25589PublishedCited by 10 opinions

1Opinion of the Court

ROCHE, District Judge.

This is an application for writ of habeas corpus whereby the petitioner, Edward A. Drainer, seeks to be released from imprisonment by the United States Naval Authorities. The imprisonment is pursuant to sentence by General Court Martial on the charge of desertion from the U. S. Naval Service. In his petition Drainer alleges lack of jurisdiction on the ground that at the time of his arrest by civilian authorities and trial he had been separated from the military service by an honorable discharge and further, that the prosecution was barred by the two year statute of…

2Cases cited3 opinions

  1. United States v. KellySupreme Court of the United States · 1873
  2. United States v. DunnSupreme Court of the United States · 1887
  3. United States ex rel. Viscardi v. MacDonaldDistrict Court, E.D. New York · 1920

3Cited by10 opinions

  1. England v. United StatesCourt of Appeals for the Fifth Circuit · 1949
  2. Wickham v. HallUnited States Court of Military Appeals · 1981
  3. Marshall v. WymanDistrict Court, N.D. California · 1955
  4. Hironimus v. DurantCourt of Appeals for the Fourth Circuit · 1948
  5. Bernstein v. HerrenDistrict Court, S.D. New York · 1956

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