Legal Opinion

Richard B. Sunday v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California

Court of Appeals for the Ninth Circuit

Decided March 30, 1962No. 17494PublishedCited by 19 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

This is an appeal from a district court order denying an application for a writ of habeas corpus. The appellant, Richard B. Sunday, is in federal custody at the United States Penitentiary, Alcatraz, California. He is there serving a sentence imposed on June 21,1951, following his conviction in Korea by a general court-martial of a violation of Article 120 (rape), Uniform Code of Military Justice, 10 U.S.C., § 920. 1

On this appeal Sunday contends that: (1) Article 120 was not in effect in Korea, where the offense was committed, until 2:00 P.M., May 31, 1951, Korea…

2Cases cited3 opinions

  1. Burns v. WilsonSupreme Court of the United States · 1953
  2. Hiatt v. BrownSupreme Court of the United States · 1950
  3. Green v. SchilderCourt of Appeals for the Tenth Circuit · 1947

3Cited by19 opinions

  1. William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  2. Daigle v. WarnerCourt of Appeals for the Ninth Circuit · 1973
  3. Ignatius j.broussard, Jr. v. Roderick r.patton, Col., United States Air Force, Base Comm., MafbCourt of Appeals for the Ninth Circuit · 1972
  4. Daigle v. WarnerCourt of Appeals for the Ninth Circuit · 1974
  5. United States ex rel. O'Callahan v. ParkerDistrict Court, M.D. Pennsylvania · 1966

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