Legal Opinion

McDaniel v. Hiatt

District Court, M.D. Pennsylvania

Decided July 2, 1948No. 215PublishedCited by 4 opinions

1Opinion of the Court

FOLLMER, District Judge.

The petitioner, a military prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, was convicted by a General Court Martial for a violation of Article of War 92, 10 U.S.C.A. § 1564, he having been charged thereunder with the premeditated killing of a woman by shooting her with a rifle. He now seeks a writ of habeas corpus. His petition is predicated upon two propositions, namely that the court as originally constituted, consisted of fourteen members, and seven of such members-having been excused by the verbal orders of the Commanding General, the remaining…

2Cases cited15 opinions

  1. In Re YamashitaSupreme Court of the United States · 1946
  2. Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945
  3. Price v. JohnstonCourt of Appeals for the Ninth Circuit · 1942
  4. Curtis v. RivesCourt of Appeals for the D.C. Circuit · 1941
  5. Wallace v. HunterCourt of Appeals for the Tenth Circuit · 1945

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3Cited by4 opinions

  1. United States v. WalkerUnited States Court of Military Appeals · 1957
  2. United States v. ColonUnited States Court of Military Appeals · 1978
  3. Mendrano v. SmithCourt of Appeals for the Tenth Circuit · 1986
  4. Mendrano v. SmithCourt of Appeals for the Tenth Circuit · 1986

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