Legal Opinion

Sinclair v. Hiatt

District Court, N.D. Georgia

Decided November 1, 1949No. 2436PublishedCited by 2 opinions

1Opinion of the Court

E. MARVIN UNDERWOOD, District Judge.

Petitioner was, on May 12, 1945 sentenced after trial and conviction by a General Court-Martial upon the charge of murder, for the term of his natural life. The sentence was later reduced to his present sentence of twenty-five years.

The sole ground for writ of habeas corpus alleged in petitioner’s application is that the Court-Martial which tried him was without jurisdiction because an officer of the Judge Advocate General’s Department, although one was available, was not appointed as the law member on the Court as required by Article of War 8, 10 U.S.C.A.…

2Cases cited12 opinions

  1. Price v. JohnstonSupreme Court of the United States · 1948
  2. Ex Parte MilliganSupreme Court of the United States · 1867
  3. Bowen v. JohnstonSupreme Court of the United States · 1939
  4. Waley v. JohnstonSupreme Court of the United States · 1942
  5. Ex Parte YergerSupreme Court of the United States · 1869

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3Cited by2 opinions

  1. United States Ex Rel. Giese v. ChamberlinCourt of Appeals for the Seventh Circuit · 1950
  2. Smith v. HumphreyDistrict Court, M.D. Pennsylvania · 1949

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