Benesch v. Underwood

This is an appeal from a judgment of the district court denying application for a writ of habeas corpus filed by an inducted soldier of the United States Army who deserted from the Army two days after his induction. At the time the answer of the appellee .was filed, the appellant was confined in a Post Guardhouse at Fort Thomas, Kentucky, awaiting trial by a United States Army Court Martial. Judicial notice is taken, from admission at the bar of this court upon oral argument, that appellant was convicted as a .deserter ..by Court Martial, pursuant to *431the Articles of War; and is now confined…