Jerry R. Pickens v. Colonel Weldon W. Cox, Mpc Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas

BREITENSTEIN, Circuit Judge.

The issue in this habeas corpus proceeding is whether a general court-martial had jurisdiction over appellant, Pick-ens, petitioner below, in view of his status as a sole surviving son at the time of induction. The trial court sustained the appellee-respondent’s motion to dismiss.

Pickens was inducted into the United States Army in July, 1953, transferred to Korea in June, 1954, tried before a general court-martial on September 3, 1954, found guilty of absence without leave and disobedience of a superior officer, and sentenced to a dishonorable discharge, forfeiture…