UNITED STATES v. KINSELLA

No. 1726.

137 F.Supp. 806 (1956)

UNITED STATES of America on the relation of Walter KRUEGER v. Nina KINSELLA, Warden of the Federal Reformatory for Women, Alderson, West Virginia.

United States District Court S. D. West Virginia.

January 16, 1956.


Attorney(s) appearing for the Case

John C. Morrison, Charleston, W. Va., Frederick Bernays Wiener, Washington, D. C., Adam Richmond, Bethesda, Md., for relator.

Duncan W. Daugherty, U. S. Atty., Huntington, W. Va., Percy H. Brown, Asst. U. S. Atty., Hinton, W. Va., Lt. Colonel James W. Booth, JAGC and Lt. Colonel Cecil L. Forinash, JAGC, Judge Advocate General's Corps, U. S. Army, for respondent.


MOORE, Chief Judge.

On January 10, 1953, Mrs. Dorothy Krueger Smith was convicted by a United States Army general court-martial, sitting in Tokyo, Japan, of the premeditated murder of her husband, Colonel Aubrey D. Smith. The killing occurred on the night of October 3 or early morning of October 4, 1952, at the quarters occupied by the couple within the area of the Washington Heights Housing Project.

Mrs. Smith was sentenced to imprisonment for life. She appealed...

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