Smith v. Humphrey

FOLLMER, District Judge.

Bernard W. Smith has filed his second application in this Court for a writ of habeas corpus.1 In an “Appendix II” to his petition he sets forth as his reason for not having applied for a new trial or other relief under the provisions of the 53rd Article of War, 10 U.S.C.A. § 1525, that he has been, discharged, is now a civilian and no longer subject to military jurisdiction. Petitioner admits that he is now imprisoned in the United States Penitentiary, Lewis-burg, Pennsylvania, under a sentence adjudged by an Army Court-Martial. This contention is therefore without…