In re Carver

On Rehearing.

Since the order directing a writ to issue was entered on December 28, 1905, according to the opinion passed down that day, it has appeared by the return to the writ, and by the proofs submitted to the court, that Carver, the enlisted man, had been arrested as a deserter before the petition for the writ was filed, and that, since the writ was ordered to issue and before return thereof, charges against him as a deserter had been duly made and a court-martial in pursuance thereof ordered. Under like circumstances the Circuit Court of Appeals for the Fifth Circuit on December 7,…