United States v. John David Provoo

SWAN, Circuit Judge.

After a long jury trial the defendant was convicted of treason, as defined in Article 3, Section 3, Clause 1 of the Constitution and made punishable by statute, 18 U.S.C.A. § 2381. 1 He was a staff sergeant in the United States Army who was captured by the Japanese upon the surrender of Corregidor, Philippine Islands. The indictment charged twelve separate overt acts of treason alleged to have been committed by him between May 6, 1942 and August 14, 1945 while he was a prisoner of war. Only seven of the overt acts charged were submitted to the jury, the others having been…