McRae v. Henkes
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollack, Judge. Petition by David A. Henkes against J. H. McRae, commandant of the United States Disciplinary Barracks, Ft. Leavenworth, Kan., for writ of habeas corpus. From an order discharging petitioner, defendant appeals.
1Opinion of the CourtLewis, District Judge
[1] This is an appeal from an order discharging appellee on writ of habeas corpus from confinement in the U. S. Disciplinary Barracks at Fort Leavenworth, to which he had been sentenced by general court-martial on conviction of offenses against the 95th and 96th articles of war. (Comp. St. § 2308a, arts. 95, 96). If there was jurisdiction in that court over the offenses and the person, and it did not exceed its power, the confinement should have been held to be lawful and the prisoner’s discharge denied. Carter v. McClaughry, 183 U. S. 365. 22 Sup. Ct. 181, 46 L. Ed. 236; 2 Black on…
2Cases cited13 opinions
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Carter v. McClaughrySupreme Court of the United States · 1902
- Dynes v. HooverSupreme Court of the United States · 1858
- Kahn v. AndersonSupreme Court of the United States · 1921
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3Cited by5 opinions
- United States v. RodriquezUnited States Court of Military Appeals · 1984
- United States v. TagertU.S. Navy-Marine Corps Court of Military Review · 1981
- Durant v. HiattDistrict Court, N.D. Georgia · 1948
- Frazier v. AndersonCourt of Appeals for the Eighth Circuit · 1924
- United States ex rel. Innes v. StimsonDistrict Court, M.D. Pennsylvania · 1943