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ALLEN v. VanCANTFORT

No. 7701.

436 F.2d 625 (1971)

Denzil R. ALLEN, Petitioner, Appellant, v. Rolland F. VanCANTFORT, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

January 12, 1971.

Attorney(s) appearing for the Case

George E. Martz, Indianapolis, Ind., and George W. Latimer, Salt Lake City, Utah, with whom Johnson, Weaver & Martz, Indianapolis, Ind., was on brief, for petitioner-appellant.

Charles J. Keever, Director, Appellate Government Division Navy Appellate Review Activity, Washington, D. C., with whom Peter Mills, U. S. Atty., was on brief, for respondent-appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

On June 5, 1968, petitioner, then a lance corporal in the United States Marine Corps, was charged before a general court-martial convened at Da Nang, South Vietnam, with five specifications of premeditated murder in violation of Article 118 of the Uniform Code of Military Justice, 10 U.S.C. § 918 (1964).1 According to a stipulation of fact all five victims were unarmed...

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