Madigan

Petitioner, serving a life sentence in the federal penitentiary at Alcatraz, California, for murder committed in the Camp Cooke Disciplinary Barracks in 1949, seeks his release by means of a writ of habeas corpus. He contends that the general court martial which convicted him of the offense charged under Article 92 of the Articles of War, 10 U.S.C.A. § 1564 , * lacked jurisdiction. On June 12, 1947, he had received his dishonorable discharge from the Army. Petitioner was serving a 20-year sentence at ■ the said barracks for the crime of armed robbery committed as a member of the United States Army while stationed overseas in France.

Petitioner relies on two bases for challenging the authority of the general court martial to proceed against him. First, he alleges that he was a civilian, • — having been dishonorably discharged; second, that he committed the crime in time of peace and hence was entitled to a trial by the civilian authorities.

Petitioner was subject to general court martial jurisdiction insofar as his status as a civilian was concerned. Article of War 2, 10 U.S.C.A. § 1473 ; ** In re Craig, C.C., 70 F. 969 ; Kahn v. Anderson, 255 U.S. 1 , 41 S.Ct. 224 , 65 L.Ed. 469…