United States ex rel. Hirshberg v. Malanaphy

SWAN, Circuit Judge.

This is an appeal from an order sustaining a writ of habeas corpus and, releasing the relator from the custody of the appellant, who held him in detention after his conviction by a naval general court-martial of violations of Article 8 of the Articles, for the Government of the Navy, 34 U.S. C.A. § 1200, Art. 8 Second. The relator’s petition for the writ challenged the juris' diction of the court-martial on two-grounds: (1) that when the alleged offenses were committed he was not subject to the jurisdiction of the United States Navy because he was then a prisoner of war of…