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BREWSTER v. SWOPE

No. 12268.

180 F.2d 984 (1950)

BREWSTER v. SWOPE, Warden.

United States Court of Appeals Ninth Circuit.

March 20, 1950.

Attorney(s) appearing for the Case

Bryon E. Kabot, San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Attorney, Joseph Karesh, Asst. U. S. Attorney, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

POPE, Circuit Judge.

Herrie Brewster, a private in the Army, was tried by a general court-martial and convicted of murder in violation of the 92d Article of War.1 Sentence of death was imposed June 24, 1943. Under Article of War 462 the sentence could not be carried into execution "until the same shall have been approved by the officer appointing the court." The commanding general who had convened the court...

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