Tullidge v. Biddle

LEWIS, Circuit Judge.

This is an appeal from an order sustaining a motion to dismiss appellant’s petition for writ of habeas corpus, on the ground that the petition disclosed that petitioner was not entitled to be discharged from custody under the writ, if issued. His confinement in the B. S. Penitentiary at Leavenworth, Kansas, is pursuant to sentence of general court-martial, and came about in this way, as appears from his petition and exhibits thereto:

He was a commissioned officer in the United States Naval Reserve Forces, assigned to and serving on the U. S. S. Birmingham, the flagship of…