United States v. Tomoya Kawakita

By unanimous verdict of the jury, following some ten weeks of trial, the defendant was convicted in 1948 of eight overt acts of treason against the United States. United States v. Tomoya Kawakita, D.C. S.D.Cal.1950, 96 F.Supp. 824, 859-861 . Our law provides that whoever is guilty of treason shall suffer death or, in the discretion of the court, shall be imprisoned not less than five years and fined not less than $10,000, and shall be incapable of holding any office under the United States. 18 U.S.C., 1948 Ed., § 2381; id. (1927 Ed.) § 2.

It was the judgment of this court that the defendant should suffer death for his treason and sentence was imposed accordingly. United States v. Tomoya Kawakita, supra, D.C., 96 F.Supp. at pages 860-861. The defendant appealed to the United States Court of Appeals and that court affirmed the judgment. Kawakita v. United States, 9 Cir., 1951, 190 F.2d 506 .

The defendant then appealed to the Supreme Court of the United States and the judgment was again affirmed. Tomoya Ka-wakita v. United States, 1952, 343 U.S. 717 , 72 S.Ct. 950 . A petition for a rehearing was filed and the Supreme Court has recently denied that petition, 344 U.S. 850 , 73 S.…