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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 |
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| FOR THE DEFENDANT KARL
BRANDT |
| Nuernberg, 4 September
1947. |
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The Secretary of War, Judge Advocate
General, War Department, Washington, D.C., United States of
America. |
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Professor Dr. Karl BRANDT, Petitioner,
Defense Counsel Dr. R. Servatius,
attorney-at-law, Cologne vs. United States of America
|
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| Petition of Appeal |
| No_______ |
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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 . |
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| [Signature] DR. R. SERVATIUS
|
| Attorney-at-Law.
|
302 |