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THOMAS v. DAVIS

No. 5653.

249 F.2d 232 (1957)

Abraham THOMAS, Appellant, v. Colonel James W. DAVIS, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 4, 1957.

Attorney(s) appearing for the Case

Homer Davis, Leavenworth, Kan., for appellant.

Lieutenant Colonel Peter S. Wondolowski, U. S. Army, Judge Advocate General's Corps, Washington, D. C. (William C. Farmer, U. S. Atty., Topeka, Kan., Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., and Cecil L. Forinash, Lieutenant Colonel, U. S. Army, Judge Advocate General's Corps, Washington, D. C., on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

The petitioner Thomas, while serving with the United States Army in Germany, was convicted by a general court-martial of the premeditated murder of four persons,1 and sentenced to be put to death. Thomas is now confined at the United States Disciplinary Barracks at Leavenworth, Kansas pending execution of the sentence. The conviction and sentence were reviewed by the Staff Judge Advocate and approved by the authority...

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