United States ex rel. Atkinson v. Kish

FOLLMER, District Judge.

This is an application for a writ of habeas corpus by Franklin E. Atkinson, a prisoner serving a sentence by a general court-martial. Petitioner contends:(a) that the court-martial lacked jurisdiction over the offense of larceny, for which he was convicted, since it was committed prior to his discharge and reenlistment on May 22, 1956;(b) that he was denied the effective assistance of counsel because his counsel failed to place evidence on the German law of liens before the court-martial.

The record of the court-martial was introduced into evidence.

The facts on which…