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BURNS V. WILSON, 346 U. S. 137 (1953)

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U.S. Supreme Court

Burns v. Wilson, 346 U.S. 137 (1953)

Burns v. Wilson

No. 422

Argued February 5, 1953

Decided June 15, 1953

346 U.S. 137


Tried separately by courts-martial, petitioners were found guilty of murder and rape and sentenced to death. After exhausting all remedies available to them under the Revised Articles of War, 62 Stat. 627, petitioners applied to a Federal District Court for writs of habeas corpus, alleging that they had been denied due process of law in the proceedings leading to their convictions by the courts-martial. Respondents denied these allegations and attached to their answer copies of the records of the trials and of all proceedings by the military reviewing authorities, which showed plainly that the military courts had heard petitioners on every significant allegation urged before the District Court. After satisfying itself that the courts-martial had complete jurisdiction, the District Court dismissed the applications without hearing evidence and without further review. The Court of Appeals gave petitioners' allegations full consideration on their merits, reviewed the evidence in the record of the trial and other proceedings before the military courts, and affirmed.

Held: judgment affirmed. Pp. 346 U. S. 138-146.

91 U.S.App.D.C. 208, 202 F.2d 335, affirmed.

The District Court dismissed petitioners' applications for writs of habeas corpus. 104 F.Supp. 310, 312. The Court of Appeals affirmed. 91 U.S.App.D.C. 208, 202 F.2d 335. This Court granted certiorari. 344 U. S. 90. At the time of the argument, February 5, 1953, Wilson, present Secretary of Defense, was substituted for Lovett, former Secretary of Defense. Affirmed, p. 346 U. S. 146. chanroblesvirtualawlibrary

Page 346 U. S. 138

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