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WILKINSON v. FOWLER

No. 15967.

234 F.2d 615 (1956)

Frederick H. WILKINSON, Warden, United States Penitentiary, Atlanta, Georgia, Appellant, v. Harriel L. FOWLER, Appellee.

United States Court of Appeals Fifth Circuit.

June 27, 1956.

Attorney(s) appearing for the Case

Capt. John A. Smith, Jr., James W. Dorsey, U. S. Atty., Charles D. Read, Jr., J. Robert Sparks, Asst. U. S. Attys., Atlanta, Ga., and Clifford F. Cordes, Fort McPherson, Ga., for appellant.

Leon S. Epstein, Atlanta, Ga., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.

PER CURIAM.

The appellee and two other soldiers, DeCoster and Jackson were convicted by a general court-martial in Korea, of premeditated murder, in violation of Article of War 92 (formerly 10 U.S.C.A. § 1564, now 50 U.S.C.A. §§ 712, 714, arts. 118, 120), and of attempted rape, in violation of Article of War 96 (formerly 10 U.S. C.A. § 1568, now 50 U.S.C.A. § 728, art. 134), both offenses having allegedly been committed on an adult Korean...

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