Waite v. Overlade

SPARKS, Circuit Judge.

Appellant filed his petition for writ of habeas corpus to secure his release from prison where he is serving a sentence of ten years’ imprisonment on conviction by a court-martial of the charge of rape. The District Court, after hearing his testimony and that of respondent, and considering the record of the court-martial proceedings and other exhibits introduced in evidence, rendered special findings of fact and conclusions of law and entered his judgment discharging the writ and remanding appellant to the custody of respondent. From that judgment the appeal is…