Legal Opinion

United States v. Borner

United States Court of Military Appeals

Decided September 11, 1953No. Nos. 1284, 1394 and 1468PublishedCited by 14 opinions

1Opinion of the Court

*309Opinion of the Court

ROBERT E. Quinn, Chief Judge:

Upon their joint trial by general court-martial in Korea, Sergeant Nathaniel Howard, Sergeant. David J. Borner, and Private Clifford E. Ware, members of the 9th Infantry Regiment, were convicted of felony murder of a Korean in violation of Article 118, Uniform Code of Military Justice, 50 USC § 712, and of rape in violation of Article 120 of the Code, supra,, 50 USC § 714. Sergeants Howard and Borner were sentenced to death and intermediate appellate agencies have affirmed their sentences. Their cases are before this Court for mandatory review…

2Cases cited9 opinions

  1. Commonwealth v. GricusMassachusetts Supreme Judicial Court · 1944
  2. United States v. MongeUnited States Court of Military Appeals · 1952
  3. MacAvoy v. StateNebraska Supreme Court · 1944
  4. United States v. ColbertUnited States Court of Military Appeals · 1952
  5. United States v. EvansUnited States Court of Military Appeals · 1952

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3Cited by14 opinions

  1. United States v. CurtisCourt of Appeals for the Armed Forces · 1996
  2. United States v. CaliendoUnited States Court of Military Appeals · 1962
  3. United States v. KachougianUnited States Court of Military Appeals · 1956
  4. United States v. ThompsonUnited States Court of Military Appeals · 1960
  5. United States v. JeffersonUnited States Court of Military Appeals · 1986

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