In re Judge

Austin T. Judge filed in this court a petition for writ of habeas corpus, alleging that he was being unlawfully held by the United States Air Force at the Guard House, Long Beach Air Force Base, Long Beach Municipal Airport, Long Beach, California. The Court, in lieu of granting the writ, issued an order to show cause why the writ should not be granted, and the matter came on for hearing before the Court.

The evidence presented upon hearing-of the order to show cause establishes that petitioner enlisted in the United States Air Force on the 27th day of July, 1955. He contends now that the enlistment is void as he was insane at that time. Petitioner relies upon Iff U.S.C. § 622 which provides, in part, as. follows:

and upon the Air Force Manual, Chapter-3, Section A, 20304 (AFM 110-3) which, in part, provides:

Petitioner presented to the Court a certified copy of an Order Appointing Guardian, made by the Superior Court, of the State of California, in and for the County of San Francisco, on the 23d day of July, 1954, which Order is in part as follows:

There was also presented by petitioner to the Court an Order of the Superior Court of the State of California, in and for the…