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Legal Opinion

McCune v. Kilpatrick

District Court, E.D. Virginia

Decided December 28, 1943No. M-6933PublishedCited by 26 opinions

1Opinion of the CourtWyche, District Judge

(sitting by special designation).

This is an application for a writ of habeas corpus filed by a prisoner in the military stockade at Camp Patrick Henry, Virginia, to obtain his release. He is being held awaiting trial by a general court-martial of the United States Army on a charge of desertion.

There seems to be little dispute as to the facts, which I find to be as follows:

The petitioner, Lawrence Elroy McCune, a veteran of the last world war, having served with the American Expeditionary Forces, and honorably discharged, is, and has been, a seafaring man, a steward and chief cook, for the…

2Cases cited10 opinions

  1. Ex Parte ReedSupreme Court of the United States · 1879
  2. Dynes v. HooverSupreme Court of the United States · 1858
  3. McClaughry v. DemingSupreme Court of the United States · 1902
  4. Collins v. McDonaldSupreme Court of the United States · 1922
  5. Ex parte GerlachDistrict Court, S.D. New York · 1917

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Reid v. CovertSupreme Court of the United States · 1957
  2. Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
  3. United States v. AliCourt of Appeals for the Armed Forces · 2012
  4. United States v. MarkerUnited States Court of Military Appeals · 1952
  5. United States v. GarciaUnited States Court of Military Appeals · 1954

21 more not listed; retrieve them via the Exa API.

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