Legal Opinion

Mayborn v. Heflebower

Court of Appeals for the Fifth Circuit

Decided December 13, 1944No. 11126PublishedCited by 20 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

George M. Mayborn was convicted by a special court-martial for refusal to obey an order of his commanding officer on March 29, 1944, at Camp Barkeley, Texas. He was sentenced to imprisonment for six months with forfeiture of pay. By a petition for habeas corpus, he’ challenged the validity of his confinement on the ground that he was not subject to military juris diction, because he had refused to take the oath administered as a part of the induction ceremony. The court below discharged the writ, and remanded the prisoner to the custody of the appellee. From that…

2Cases cited1 opinion

  1. Billings v. TruesdellSupreme Court of the United States · 1944

3Cited by20 opinions

  1. Londell Brown and Warren E. Gilliam, Jr. v. Stanley R. Resor, as Secretary of the ArmyCourt of Appeals for the Fifth Circuit · 1969
  2. Cox v. WedemeyerCourt of Appeals for the Ninth Circuit · 1951
  3. United States Ex Rel. Tietz v. Secretary of the NavyDistrict Court, S.D. California · 1957
  4. Corrigan v. Secretary of ArmyCourt of Appeals for the Ninth Circuit · 1954
  5. Hibbs v. CatovoloCourt of Appeals for the Fifth Circuit · 1944

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