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UNITED STATES v. PROVOO

Nos. 272, 273, Docket 23084, 23130.

215 F.2d 531 (1954)

UNITED STATES, Appellee, v. John David PROVOO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 27, 1954.

Attorney(s) appearing for the Case

George A. Spiegelberg, Mandeville Mullally, Jr., N. Peter Rathvon, Jr., and Murray E. Gottesman, New York City, for appellant.

J. Edward Lumbard, U. S. Atty., New York City, for appellee; Harold J. Raby, Leonard S. Sand and Powell Pierpoint, Asst. U. S. Attys., New York City, of counsel.

Before SWAN, MEDINA and HARLAN, Circuit Judges.

SWAN, Circuit Judge.

After a long jury trial the defendant was convicted of treason, as defined in Article 3, Section 3, Clause 1 of the Constitution and made punishable by statute, 18 U.S.C.A. § 2381.1 He was a staff sergeant in the United States Army who was captured by the Japanese upon the surrender of Corregidor, Philippine Islands. The indictment charged twelve separate overt acts of treason alleged to have been committed by...

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