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TOMOYA KAWAKITA v. UNITED STATES

No. 12061.

190 F.2d 506 (1951)

TOMOYA KAWAKITA v. UNITED STATES.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 24, 1951.

Attorney(s) appearing for the Case

Morris Lavine, Los Angeles, Cal., for appellant.

Ernest A. Tolin, U. S. Atty., Norman W. Neukom, Robert J. Kelleher and Jack E. Hildreth, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee.

Before STEPHENS, BONE and ORR, Circuit Judges.

STEPHENS, Circuit Judge.

Tomoya Kawakita appeals from a judgment of conviction and a sentence of death imposed after a United States District Court jury returned a verdict finding him guilty of treason against the United States of America.

I.

Appellant was born in Calexico, California, on September 26, 1921, of Japanese-born parents who were nationals of Japan. By virtue of his birth appellant was a citizen of the United States. United States Constitution...

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