U.S. Court of Appeals for the First Circuit, 1916

Sweetser v. Lowell

U.S. Court of Appeals for the First Circuit · Decided October 18, 1916 · Ardrich, Bingham, Putnam, Rdrich

236 F. 169; 149 C.C.A. 359; 1916 U.S. App. LEXIS 2262

Dissenting Opinion

PUTNAM, Circuit Judge.

My dissent here is upon the same ground as that stated in No. 1230.

Opinion of the Court

A.RDRICH, District Judge.

In this case the conclusion is the same as that reached in the Emerson Case (No. 1230) 236 Fed. 161, — C. C. A. -, and the order, therefore, will be the same.

The order of the District Court for the discharge of the petitioner is vacated, *170with directions that he hé returned to the military custody from whence he was taken.

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