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STEELE v. HUMPHREY

UNITED STATES DISTRICT COURT MIDDLE DISTRICT PENNSYLVANIA.


October 23, 1948.

STEELE
v.
HUMPHREY, Warden.

The opinion of the court was delivered by: FOLLMER

FOLLMER, District Judge.

This is petitioner's second application for writ of habeas corpus in this district. *fn1" The present petition raises one new ground not heretofore presented and determined and which is therefore being considered herein. *fn2" Using his own language, his contention is, "The petitioner bases his complaint on the fact that he was discharged from the United States Army while serving a sentence adjudged by general courtsmartial, that one day after the issue of discharge your petitioner was interned in a United States Federal Penitentiary; interned therein by the military authorities; on a military commitment warrant signed prior to discharge and separation from the Army and that the rulings of the Judge Advocate General of the United States Army has provided that once a discharge has been issued to a man in confinement it immediately terminates the remaining unexecuted portion of the sentence."

 This contention is without merit. Where a soldier in a court-martial proceeding has been sentenced to a term in the penitentiary, with a dishonorable discharge also imposed, *fn3" he nevertheless as a person under sentence adjudged by a court-martial, remains, pursuant to the provisions of Article of War 2, 10 U.S.C.A. ยง 1473, a person "subject to military law", *fn4" and such discharge does not terminate the prison sentence.

 The application for writ of habeas corpus is denied.


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