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WIMBERLEY v. LAIRD

No. 71-1810.

472 F.2d 923 (1973)

Frank D. WIMBERLEY, Petitioner-Appellant, v. Melvin LAIRD, Secretary of Defense, et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 26, 1973.

Attorney(s) appearing for the Case

Marc R. Kadish, Chicago, Ill., Daniel H. Benson, Lubbock, Tex., for petitioner-appellant.

Henry A. Schwarz, U. S. Atty., E. St. Louis, Ill., Edward C. Newton, Office of the Judge Advocate General, Department of the Army, Washington, D. C., for respondents-appellees.

Before FAIRCHILD, PELL and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

On February 27, 1963, an Army general court-martial found petitioner guilty of the premeditated murder of a German civilian woman in violation of 10 U.S.C. § 918(1), and sentenced him to death. On review, the sentence was reduced to life imprisonment; he is now confined in the Federal Penitentiary at Marion, Illinois. After exhausting his military appeals, petitioner attacked the military judgment collaterally. He now appeals from the...

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