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HIROTA v. MacARTHUR

NO. 239, MISC.

338 U.S. 197 (1948)

69 S.Ct. 197

93 L.Ed. 1902

HIROTA v. MacARTHUR, GENERAL OF THE ARMY, ET AL.

Supreme Court of United States.

Decided December 20, 1948.

Concurring opinion announced June 27, 1949.

Attorney(s) appearing for the Case

William Logan, Jr., George Yamaoka and, by special leave of Court, George A. Furness, pro hac vice, argued the cause for petitioners.

David F. Smith argued the cause for petitioners in Nos. 239 and 240, Misc., and filed a brief for petitioner in No. 239, Misc. Mr. Yamaoka was also of counsel for petitioner in No. 239, Misc. Mr. Logan and John G. Brannon were also of counsel for petitioners in Nos. 239 and 240, Misc.

John G. Brannon argued the cause for petitioners in No. 248, Misc. With him on the brief were John W. Crandall, Mr. Logan, Mr. Yamaoka and Mr. Furness. Ben Bruce Blakeney was also of counsel.

Solicitor General Perlman argued the cause for respondents. With him on the brief were Judge Advocate General of the Army Thomas H. Green, Arnold Raum, Robert W. Ginnane, Oscar H. Davis, Beatrice Rosenberg and Joseph B. Keenan.

Samuel H. Jaffee filed a brief for the National Lawyers Guild, as amicus curiae, opposing the petitions.

PER CURIAM.

The petitioners, all residents and citizens of Japan, are being held in custody pursuant to the judgment of a military tribunal in Japan. Two of the petitioners have been sentenced to death, the others to terms of imprisonment. They filed motions in this Court for leave to file petitions for habeas corpus. We set all the motions for hearing on the question of our power to grant the relief prayed and that issue has now been fully presented and argued...

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