United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 21, 1953.
Decided March 25, 1954.
Certiorari Granted October 14, 1954.
Attorney(s) appearing for the Case
Mr. Oliver Gasch, Principal Asst. U. S. Atty., Washington, D. C., with whom Mr. Leo A. Rover, U. S. Atty., Messrs. Edward O. Fennell and Lewis A. Carroll, Asst. U. S. Attys., and Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., at the time the brief was filed, were on the brief, for appellant. Lt. Col. Chester W. Wilson, Washington, D. C., of the bar of the Supreme Court of Wisconsin, who was allowed to appear pro hac vice, was also on the brief for appellant.
Mr. John J. McGrath, Pittsburgh, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court, with whom Mr. William A. Kehoe, Jr., Washington, D. C., was on the brief, for appellee.
Before EDGERTON, PRETTYMAN and WASHINGTON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Certiorari Granted October 14, 1954. See 75 S.Ct. 39.
PRETTYMAN, Circuit Judge.
Robert W. Toth1 was honorably discharged from the United States Air Force on December 8, 1952, after service in Korea. On April 8, 1953, he was formally charged, under the forms and procedure of the Uniform Code of Military Justice,2 with a premeditated murder allegedly committed in Korea on or about September 27, 1952,...
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