McClellan v. Humphrey

FOLLMER, District Judge.

This habeas corpus proceeding was instituted by John D. McClellan, a military prisoner at United States Penitentiary, Lewis-burg Pennsylvania, who was convicted by a General Court-Martial on charges of rape, desertion and escape from confinement.

*512Petitioner predicated his allegation of illegal restraint on ten separate issues, which may be briefly summarized as follows,

1. Noncompliance with the provisions of Article of War 70, 10 U.S.C.A. § 1542, relating to pre-trial investigation.

2. The additional charge and specification thereunder was not properly sworn to inasmuch…