MADSEN v. KINSELLA

No. 1095.

93 F.Supp. 319 (1950)

MADSEN v. KINSELLA.

United States District Court S. D. West Virginia.

September 8, 1950.


Attorney(s) appearing for the Case

Joseph S. Robinson, New York City, Harrington & Graham (Dayton M. Harrington), Washington, D.C., Jackson, Kelly, Morrison & Moxley (John C. Morrison), Charleston, W. Va., for petitioner.

A. Garnett Thompson, United States Attorney, Charleston, W. Va., John M. Raymond, Colonel, Assistant Legal Adviser, Department of State, Washington, D. C., Joseph M. Sweeney, Assistant to Legal Adviser, Department of State, Washington, D. C., for respondent.


MOORE, District Judge.

On October 20, 1949, petitioner, being the wife of a Lieutenant serving in the American Army in the American Zone of Occupied Germany, and residing with her husband pursuant to military permission in Buchschleg, Kreis Frankfort, shot and killed her husband. She was tried before a tribunal originally known as a "United States Military Government Court for Germany," but whose name was later changed to the "United States Court of the Allied High...

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