Legal Opinion

Smith v. Hiatt

Court of Appeals for the Third Circuit

Decided September 14, 1948No. 9509PublishedCited by 14 opinions

1Opinion of the Court

McLAUGHLIN, Circuit Judge.

In 1944, while based in England, appellant, then a private in our Air Corps, was convicted of rape and attempted rape by a general court-martial. His sentence of life imprisonment was later reduced to sixteen years. He appeals from the dismissal of his petition for habeas corpus by the District Court.

Both offenses were alleged to have been committed between 10:30 and 11:45 on the night of July 11, 1944, in the same area, which was about five miles distant from his particular base. Appellant claimed that on that evening he had bicycled by himself to public houses in…

2Cases cited15 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Ex Parte QuirinSupreme Court of the United States · 1942
  3. Martin v. MottSupreme Court of the United States · 1827
  4. In Re YamashitaSupreme Court of the United States · 1946
  5. Swaim v. United StatesSupreme Court of the United States · 1897

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  2. Humphrey v. SmithSupreme Court of the United States · 1949
  3. Robert C. Harris v. Dr. P. J. Ciccone, Director, Medical Center for Federal Prisoners, Springfield, MissouriCourt of Appeals for the Eighth Circuit · 1969
  4. Gilbert Esco Angle v. Melvin Laird, U.S. Secretary of DefenseCourt of Appeals for the Tenth Circuit · 1970
  5. Henry v. HodgesCourt of Appeals for the Second Circuit · 1948

9 more not listed; retrieve them via the Exa API.

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