John D. McClellan v. David M. Heritage, Warden, United States Penitentiary, Atlanta, Georgia

This case is here on appeal from the denial of a writ of habeas corpus. Appellant John D. McClellan was tried by a general court-martial in France on July 25 and 26, 1946, and was convicted of rape, escape, and desertion. He is presently serving out his sentence for these offenses in the Atlanta federal penitentiary. The court-martial was appointed by a special order dated July 24, 1946, which concluded, “By Command of Major General Lewis,” followed by the printed signature of Earle G. Wheeler, Acting Chief of Staff. The law member of the panel designated in this order was not a member of the…