U.S. Court of Appeals for the Third Circuit, 1948

Bigrow v. Hiatt

U.S. Court of Appeals for the Third Circuit · Decided July 2, 1948 · Biggs, Connell, Lodner

168 F.2d 992; 1948 U.S. App. LEXIS 2166 (Federal Reporter, Second Series)

Counsel

Major Thayer Chapman, of Washington, D.C., for the Government.

Cases that cite this one

5 later published cases cite this decision.

United States v. Rodman (United States Court of Military Appeals 1969)
United States ex rel. Scott v. Walker (United States District Court Eastern District of Louisiana 1963)
White v. Humphrey (District Court, M.D. Pennsylvania 1953)
McClellan v. Humphrey (District Court, M.D. Pennsylvania 1949)
McDaniel v. Hiatt (District Court, M.D. Pennsylvania 1948)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

A careful examination of the record in this case convinces us that the appellant, Bigrow, now a military prisoner in the United States Penitentiary, Lewisburg, Pennsylvania, received a fair trial by court-martial for unlawfully killing a brother soldier by shooting him in the neck with a sub-machine gun, a violation of Article of War 93, 10 U.S.C.A. § 1565, and for misbehavior before the enemy in that he was drunk on duty in the presence of the enemy, a violation of Article of War 75, 10 U.S.C.A. § 1547. The offenses occurred in the vicinity of Vannes, France, on or about August 9, 1944. In nowise was the appellant denied due process of law. See also the opinion of the court below, D.C., 70 F.Supp. 826. The order of the court below will be affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.