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| F. Order of the Tribunal Acquitting the Defendants of the Charges of
Crimes Against Peace¹ |
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In this case following the conclusion of the prosecution's
case-in-chief the defendants on 12 March 1948 filed a joint motion for a
judgment of not guilty on counts one and four of the indictment and upon a full
consideration of said motion, the reply of prosecution thereto, the briefs and
written arguments, and the evidence, the Tribunal is of the opinion that the
competent and relevant evidence fails to show prima facie that any of
the defendants is guilty of the offense charged in count one or the offense
charged in count four of the indictment, and that said motion should be
granted.
It is accordingly ordered that said joint motion of the
defendants be and is granted and the defendants and each of them is adjudged
not guilty under counts one and four of the indictment, but without prejudice
to the charges contained in counts two and three.
5 April
1948 |
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[Signed]
ANDERSON
Presiding Judge |
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| G. Opinion of the Tribunal Concerning Its Dismissal of the Charges of
Crimes against Peace² |
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| Opinion re: Finding as to first and fourth counts |
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| __________ |
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On 12 March 1948, the defendants filed a motion entitled,
“Motion of the Defense for Acquittal on the Charge of Crimes against the
Peace.”
In the motion, the defendants moved that the Tribunal
"should decide * * * that the defendants are not guilty in this respect,"
referring to counts one and four of the indictment.
In connection
therewith, briefs were filed, the memorandum of the prosecution having been
dated 20 March 1948. During the session of 5 April 1948, the Tribunal, through
the president, stated as follows: |
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¹ On 8 April 1948 the
prosecution made a motion for reconsideration of the order, requesting leave to
file a supplemental motion later, i.e., after the Tribunal rendered its opinion
in connection with the dismissal of counts one and four. On 11 June, the
Tribunal rendered its opinion and on 19 June, the prosecution filed a
supplemental motion for reconsideration. This motion was denied by the Tribunal
on 24 June 1948.
² 2 Dated 11 June 1948. Presiding Judge Anderson and
Judge Wilkins, in signing this opinion. each gave notice of intention to file
individual concurring opinions. These concurring opinions are reproduced
immediately following the opinion of the Tribunal.
390 |
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