Floyd J. Osborn v. United States

WISDOM, Circuit Judge.

The questions for decision in this case relate to the scope and meaning of the Unjust Conviction Statute, 28 U.S.C.A. § 2513, 62 Stat. 941 1 The plain tiff's theory of the ease is that the statute applies to a court-martial conviction set aside on a habeas corpus petition not because of the petitioner’s innocence but because of lack of jurisdiction in courts-martial to try a capital offense in time of peace. 2 We hold that the statute applies to unjust convictions of courts-martial, but that the plaintiff failed to comply with the statutory requirements for recovery.

The…