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WHELCHEL v. McDONALD

No. 12760.

176 F.2d 260 (1949)

WHELCHEL v. McDONALD, Warden.

United States Court of Appeals Fifth Circuit.

July 22, 1949.

Attorney(s) appearing for the Case

Hugh Carney, Atlanta, Texas, for appellant.

Steve M. King, U. S. Attorney, Beaumont, Texas, Nicholas R. Voorhis, Lt. Col., Washington, D. C., Office of Judge Advocate Gen., Warren G. Moore, U. S. Attorney, Tyler, Texas, Reginald C. Miller, Lt. Col., J. A. G. C. Office of Judge Advocate Gen., Washington, D. C., for appellee.

Before HUTCHESON, SIBLEY, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

Appellant, Marton L. Whelchel, was tried and convicted for rape on a German girl and sentenced to death by a general court-martial held at Immerath, Germany, on April 10, 1945, he being a private in a Tank Destroyer Battalion on active war duty. The sentence was commuted to life imprisonment by General Dwight D. Eisenhower. Later the President, on July 16, 1947, reduced the term to twenty-one years...

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