Legal Opinion

Whelchel v. McDonald

Court of Appeals for the Fifth Circuit

Decided July 22, 1949No. 12760PublishedCited by 26 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

Appellant, Marton L. Whelchel, was tried and convicted for -rape on a German girl and sentenced to death by a general court-martial held at Immerath, Germany, on- April TO, 1945, he being a private in a Tank Destroyer Battalion on active war duty. The sentence was commuted to life imprisonment by General Dwight D. Eisenhower. Later the President, on July-16, 1947, reduced the term to twenty-one years. On Jan. 10, 1949, discharge was sought hy habeas corpus in the District Court for the Eastern District of Texas, but after a hearing the imprisonment was held lawful and…

2Cases cited15 opinions

  1. Ex Parte HawkSupreme Court of the United States · 1944
  2. Ex Parte QuirinSupreme Court of the United States · 1942
  3. Ex Parte ReedSupreme Court of the United States · 1879
  4. Dynes v. HooverSupreme Court of the United States · 1858
  5. Goto v. LaneSupreme Court of the United States · 1924

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

3Cited by26 opinions

  1. Edward B. Bishop v. United StatesCourt of Appeals for the D.C. Circuit · 1955
  2. Jonathan Gregori v. United StatesCourt of Appeals for the Fifth Circuit · 1957
  3. Hahn v. United StatesCourt of Appeals for the Tenth Circuit · 1949
  4. McMahan v. HunterCourt of Appeals for the Tenth Circuit · 1950
  5. Massey v. Moore, WardenCourt of Appeals for the Fifth Circuit · 1953

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

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