Legal Opinion
United States Ex Rel. McClellan v. Humphrey
Court of Appeals for the Third Circuit
Decided April 6, 1950No. 9979PublishedCited by 6 opinions
1Opinion of the Court
BIGGS, Chief Judge.
All points raised by the appellant, the petitioner John D. McClellan, are fully covered in the able opinion of Judge Follmer in the court below, 83 F.Supp. 510, save those relating to the manner in which the court martial which tried the appellant was constituted. We will deal with these issues now.
The petitioner contends that Captain Bernard J. Dyla was not properly a member of the court martial which tried him on July 25 and 26, 1946, because no zvritten order had been made by or on behalf of the Commanding General, Headquarters Western Base Section, United States Forces,…
2Cases cited6 opinions
- In Re GrimleySupreme Court of the United States · 1890
- In Re YamashitaSupreme Court of the United States · 1946
- Black & Yates, Inc. v. Mahogany Ass'nCourt of Appeals for the Third Circuit · 1942
- Hiatt v. BrownSupreme Court of the United States · 1950
- Swaim v. United StatesSupreme Court of the United States · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Albert C. Homcy v. Stanley R. Resor, Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1971
- United States of America Ex Rel. Earl Richard Saunders v. David N. Myers, Warden, Eastern State Penitentiary, Graterford, PennsylvaniaCourt of Appeals for the Third Circuit · 1960
- Commonwealth ex rel. Nagle v. DaySuperior Court of Pennsylvania · 1956
- McClellan v. HeritageDistrict Court, N.D. Georgia · 1964
- White v. HumphreyDistrict Court, M.D. Pennsylvania · 1953
1 more not listed; retrieve them via the Exa API.