SUTTLES v. DAVIS

Nos. 4908-4910.

215 F.2d 760 (1954)

Louis M. SUTTLES, Appellant, v. Colonel James W. DAVIS, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee. Chastine BEVERLY, Appellant, v. Colonel James W. DAVIS, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee. James L. RIGGINS, Appellant, v. Colonel James W. DAVIS, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 29, 1954.


Attorney(s) appearing for the Case

Homer Davis, Leavenworth, Kan., and Elisha Scott, Topeka, Kan., for appellants.

James G. McConaughy, Lieutenant Colonel, Judge Advocate General Corps (Anthony T. Dealy, First Lieutenant, Judge Advocate General Corps, and William C. Farmer, U. S. Atty., Wichita, Kan., on the brief), for appellees.

Before BRATTON and MURRAH, Circuit Judges, and SAVAGE, District Judge.


SAVAGE, District Judge.

Petitioners, while serving in the army and stationed at Fort Leonard Wood, Missouri, were found guilty after a joint trial by a general court-martial of premeditated murder and two robberies and each was given a death sentence. They have been confined at the United States Disciplinary Barracks at Fort Leavenworth, Kansas, pending execution of the sentences.

The sentences were upheld by army...

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