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¥ith regard to the test suggested by the defendants, Judge Frank stated, "Assuming the * appitcabiitty of the community~ . say thai the connunity ts shooked and outraged by auch sentences resting on auch focta. In @pplying ‘that teat it ts necessary to treat as fmnatertal the sentences gtven (or not given) to the . other coneptrators, ‘and also to dtaregard vhat sentences this. Co ‘would have tmuposed or what other trial judges have done tn other esptonage or treason cases, for auch matters do not. adequately =——{] #8. . 2 sch prevatithre mood @ ee a ee = a = — a Fejyiece FAG prevave ng moge OF one puUorice i BNO 7) ¥ COnKnGt ct be held that these “sentences are unconstitutional,” (65-58236~12 TITION FOR PRHTUASING DENIED On Morch 11, 1952, a petition for rehearing was filed on behalf of the Rosenbergs with the Circutt Court of Appeals, Second Circutt. In this petition the same potnts raised tn the prior petition to the Circutt Court of Appeals were raised with : | Gilly were tried jor treason witkout the sonatttutiona? sofequards aurrounding that crime and further, tnesmuch aa the Courts can give a death sente for treason, to give the some sentence fora lesser ertne const! tuted eruel and unusual treatnent, (65-56236-1288) | On April &, 1952, the Circutt Court of Appeals for the Second Chroust uncntmoualy dented thts petitton for a reheartng. Tre opinion of the Court was written by Judge Frank, In this - 100 -