Sullivan v. Altman

— The state prosecutes this appeal from an order dismissing from custody one Altman upon his petition for a writ of habeas corpios. The petitioner suffered sentence by a court-martial of a fine of $10 or ten days in jail for disobedience of order to report for drill duty in the Arizona National Guard and National Guard of the United States, of which he was a member, upon his plea of guilty. The petition alleged, and the superior court found, that the court-martial was without jurisdiction to impose this sentence.

The offense involved was a violation of section 61 of the Articles of War,…