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DAY v. WILSON

No. 12476.

247 F.2d 60 (1957)

John E. DAY, Jr., Appellant, v. Charles E. WILSON, Secretary of Defense, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 25, 1957.

Attorney(s) appearing for the Case

Messrs. Harry E. Wood and Guy Emery, Washington, D. C., with whom Mr. Burr Tracy Ansell, Washington, D. C., was on the brief, for appellant.

Mr. Alfred Burka, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellees. Messrs. Leo A. Rover, U. S. Atty. at the time record was filed, and Alexander L. Stevas, Asst. U. S. Atty., also entered appearances for appellees.

Before EDGERTON, Chief Judge, and PRETTYMAN and FAHY, Circuit Judges.

EDGERTON, Chief Judge.

While appellant was a United States soldier in Korea, a general court martial convicted him of murder and sentenced him to death. The military reviewing authorities and the United States Court of Military Appeals affirmed. 2 U.S.C. M.A. 416. On June 30, 1954, the President of the United States, acting under Article 71(a) of the Uniform Code of Military Justice, 50 U.S.C.A. § 658(a), confirmed the sentence and ordered it executed.

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