. ©MAZAL LIBRARY

NMT02-T0302


. NUERNBERG MILITARY TRIBUNAL
Volume II · Page 302
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 b. Selections from the Petitions to the Military Governor,
the Supreme Court of the United States, and
to the Judge Advocate General
 
FOR THE DEFENDANT KARL BRANDT
 Nuernberg, 4 September 1947.
 
The Secretary of War,
Judge Advocate General,
War Department,
Washington, D.C.,
United States of America.
 
Professor Dr. Karl BRANDT, Petitioner,
Defense Counsel Dr. R. Servatius, attorney-at-law, Cologne
vs.
United States of America
 
Petition of Appeal
 No_______
 
As defense counsel of the defendant Professor Dr. med. Karl Brandt, I herewith lodge an appeal against the verdict of the Military Tribunal No. I at Nuernberg in Case I, of 19 and 20 August 1947, by which the defendant was sentenced to death. For justification of my appeal against the indictment on which the verdict is based, as well as the verdict itself, I refer to the following documents, copies of which are attached:
(a) Application for review, dated 28 August 1947, addressed to the Chief of Military Government for the American Zone of Occupation in Germany.

(b) Application for writ of habeas corpus, dated 28 August 1947, addressed to the Supreme Court of the United States of America.
It follows from these attached documents that the defendant Karl Brandt was unlawfully deprived of the possibility to lodge an appeal before a Military Tribunal consisting of medical experts. A re?trial before a court of higher order is necessary in order to re?examine the errors committed by the Tribunal in ascertaining the facts of the case and applying the law. I request:
(a) that the verdict of the Military Tribunal, dated 20 August 1947, be annulled.

(b) that a court of appeal be formed for a new trial of the case
.
 
[Signature] DR. R. SERVATIUS
 Attorney-at-Law.


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