SHAW v. UNITED STATES

Misc. Nos. 397, 389.

209 F.2d 811 (1954)

SHAW v. UNITED STATES. BEGALKE v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided January 21, 1954.

Petition for Rehearing Denied February 25, 1954.


Attorney(s) appearing for the Case

Mr. Harold H. Gearinger, Philadelphia, Pa., a member of the bar of the Court of Appeals of Kentucky, pro hac vice, by special leave of Court, for petitioners.

Mr. Gerard J. O'Brien, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and William J. Peck, Asst. U. S. Atty., Washington, D. C., were on the briefs, for respondent.

Mr. Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., entered his appearance for respondent in No. 389.

Before STEPHENS, Chief Judge, and EDGERTON and WASHINGTON, Circuit Judges.


Petition for Rehearing in Banc Denied February 25, 1954.

WASHINGTON, Circuit Judge.

Petitioners Shaw and Begalke, former servicemen convicted in court-martial proceedings, have each petitioned us to review the determination made in his case by the United States Court of Military Appeals, alleging error.1 Each has moved for leave to proceed in forma pauperis. Government counsel resist the motions, contending that this court...

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