Duval v. Humphrey

FOLLMER, District Judge.

Petitioner, tried jointly with one “Fuller”, was convicted by a General Court-Martial on a charge of rape. In this habeas corpus proceeding he has by his petition, and first and second amendments to the petition,1 sought to raise nearly every conceivable issue which has been before the courts in this type of case, as well as new ones suggested thereby. Most serious was the somewhat startling allegation that Major Lohse, the law member of the court, stepped down from the bench on the first day of the trial and, in the absence of the Trial Judge Advocate, took his…