Lee v. Madigan

358 U.S. 228 (1959)

LEE

v.

MADIGAN, WARDEN.

No. 42.

Supreme Court of United States.

Argued December 9-10, 1958.

Decided January 12, 1959.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

Carl L. Rhoads and Robert Edward Hannon argued the cause for petitioner. With them on the brief was Charles Upton Shreve.

John F. Davis argued the cause for respondent. On the brief were Solicitor General Rankin, Assistant Attorney General White and Harold H. Greene.

Article of War 92, 10 U. S. C. (1946 ed., Supp. IV) § 1564, which, prior to the adoption of the Uniform Code of Military Justice,[1]…