Smith v. Coburn

Memorandum Opinion of the Court

In his “Petition for Grant of Writ of Habeas Corpus,” petitioner avers that his pretrial confinement is illegal for its sole basis, as set forth in a statement of his Battery Commander, was “for the purpose of protecting other troops at A Battery, 52d Artillery, Homestead Air Force Base, from the offenses for which Petitioner is charged.”

The petition and attached exhibits filed by petitioner show:

On January 8, 1970, First Lieutenant Michael W. Lepore, the Battery Commander, ordered petitioner confined pending trial upon two specifications of wrongful transfer,…