Richard B. Sunday v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California

This is an appeal from a district court order denying an application for a writ of habeas corpus. The appellant, Richard B. Sunday, is in federal custody at the United States Penitentiary, Alcatraz, California. He is there serving a sentence imposed on June 21,1951, following his conviction in Korea by a general court-martial of a violation of Article 120 (rape), Uniform Code of Military Justice, 10 U.S.C., § 920 .

On this appeal Sunday contends that: (1) Article 120 was not in effect in Korea, where the offense was committed, until 2:00 P.M., May 31, 1951, Korea standard time; (2) the general court-martial made no finding as to when the offense was committed and the Board of Review which found that the offense was committed after 2:00 P.M. on that day, was without authority to make findings of fact; (3) there was no substantial evidence to support the finding; and (4) the district court should have held a plenary hefefing to permit appellant to testify a§^á°the time of day the offense was commM&iírá - .A.O

On the afternoon of May 31, 1951, while Sunday was serving as a private first class in the United States Army in Korea, he raped a Korean woman. A general court-martial was…