X. CONFIRMATION OF SENTENCES BY THE MILITARY GOVERNOR OF THE UNITED STATES ZONE OF OCCUPATION[683]
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X. CONFIRMATION OF SENTENCES BY THE MILITARY GOVERNOR OF THE UNITED STATES ZONE OF OCCUPATION[683]
A. Introduction
Under articles XV and XVII of Ordinance No. 7, the sentences imposed by a tribunal are subject to review by the Military Governor. On 18 January 1949, General Lucius D. Clay, Military Governor of the U.S. Zone of Occupation, confirmed by separate orders the life sentences imposed upon the defendants Klemm, Oeschey, Rothaug, and Schlegelberger and the sentences for a term of years imposed upon the defendants Altstoetter, von Ammon, Joel, Lautz, Mettgenberg, and Rothenberger. The order confirming the life sentence upon the defendant Schlegelberger is reproduced below.
B. Order of the Military Governor confirming the life sentence imposed upon the defendant Schlegelberger
HEADQUARTERS, EUROPEAN COMMAND
Office of the Commander-in-Chief
APO 742
Berlin, Germany
18 January 1949
Military Tribunal III
Case No. 3
In the Case of The
United States of America
vs.
Josef Altstoetter, et al.
Order with respect to Sentence of Franz Schlegelberger
In the case of the United States of America against Josef Altstoetter, et al., tried by United States Military Tribunal III, Case No. 3, Nuremberg, Germany, the defendant Franz Schlegelberger, on 4 December 1947, was sentenced by the Tribunal to life imprisonment. A petition to modify the sentence, filed on behalf of the defendant by Dr. Egon Kubuschok, his defense counsel, has been referred to me pursuant to the provisions of Military Government Ordinance No. 7. I have duly considered the petition and the record of the trial and in accordance with article XVII of said Ordinance, it is hereby ordered that:
a. The sentence imposed by Military Tribunal III on Franz Schlegelberger be, and hereby is, in all respects confirmed.
b. The defendant be confined in War Criminal Prison No. 1, Landsberg, Bavaria, Germany.
[Signed] Lucius D. Clay
LUCIUS D. CLAY
General, U. S. Army
Military Governor and
Commander-in-Chief European Command