Henry v. Hodges

L. HAND, Chief Judge.

The respondent, who has custody of Henry, the relator, under a judgment of conviction of a general court martial, appeals from an order, releasing Henry upon habeas corpus. Only two questions are at issue: (1) Whether Henry was deprived of that “thorough and impartial investigation,” preliminary to convening a “general court martial,” which the Seventieth Article of War, 1 affords; and (2) whether the “general court martial” before which he was tried was improperly constituted under the Eighth Article of War, 2 because the “law member” was not “an officer of the Judge…