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APPEAL TO U0, S,. SUP? UE CouaRT on October 13, 1952, the United States Supreme court dented a petition fora writ OF certtorart filed on behalf of Jultus and Ethel Rosenberg. At the sane tine, an appltecatton of the Nattonal Lawyers Guild for leave to file 6 ortef as onteus curiae was dented by the Supreme Court, ~ "on getober 28, 1952, a petit BR Bee BeRed ring on behalf of the Rosenbergs was filed with the United States Suprene Court. The potnts ratsed on thts petition were that the Rosenbergs were subjected to a treason prosecution under color of a charge of conaptracy to comntt esptonage and that the admission of evidence concerning the Communtat afftliationa of the Rosenbergs was Atghly inflemnatory and prejyudictal and on the part os sudge Irving Kaufman. The petitton also clained thot the Supreme Court had the power to modify, vacate or set aside the decth sentences tmposed by Judge Kaufman. On November 17, 1952, the Untted States Supreme Court dented the petitton of the subjects for a rehearing by a vote of etght to One. Mrs Justice Frankfurter filed a memorandum _optnton in which he stated that the Suprene Court of the Untted States had no power to change @ sentence imposed tn the Ontted States District e stated the responstbility of the Ctreutt Court of Appeals to review » 1023 « ~