| |
| FOR THE
DEFENDANT ROSE |
| |
Prof. Dr. med.
Gerhard Rose POW A/938984 Palace of Justice,
Nuernberg, Germany |
Nuernberg, 4 September 1947 |
| |
| Defense Counsel: |
Dr.
Heinz [Hans] Fritz Attorney-at-law, Bavariaring 14, Munich,
Germany |
| |
To the Supreme Court of the
United States of America Washington, D.C. |
| |
Prof. Dr. med. Gerhard Rose,
Petitioner
|
vs.
|
| United States of America
|
| |
Petition for
|
Writ of Habeas
Corpus |
and
|
| Petition for |
Writ of Prohibition |
| |
| No.__________ |
| |
I, the undersigned Prof. Dr.
Gerhard Rose, was sentenced, in the verdict of the American Military Tribunal I
in Nuernberg, Germany, that was announced on 19 and 20 August 1947, of Case I,
United States of America vs. Karl Brandt and others, for war crimes and crimes
against humanity, as defined in Control Council Law No. 10 of 20 Dec 1945, to
life imprisonment.
I pray:
(1) that a writ of habeas corpus be
issued by this Court, directed to Lieutenant General Lucius D. Clay, Commanding
General, United States Army Forces, Germany, commanding him to produce the body
of the petitioner before your Court or some member thereof at a time and place
therein to be specified, then and there to receive and to do what your
honorable Court shall order concerning his confinement and trial as an accused
war criminal and that he be ordered returned to the status of, and internment
as a prisoner of war in conformity with the provisions of Article 9 of the
Geneva Convention of July 27, 1929, relative to the treatment of prisoners of
war and of paragraph 82 of the Pules of Land Warfare [U. S. Field Manual
27?10], and
(2) that a writ of prohibition be issued by this Court
prohibiting the respondent from proceeding with the trial and that the
|
303 |