[Signed] Schroth
Clerk
[Decision of the Reich Supreme Court upon the nullity plea]
1 C 566/42
(I StS 26/42)
DECISION
In the criminal case against the Polish agricultural laborer, Jan Lopata, last residence Bodenhof, in the parish of Muehlen, now at the main camp at Maltheuren, for assault among other offenses:
The Reich Supreme Court, Penal Senate, in secret session of 14 July 1942 has decided with regard to the nullity plea of the Chief Reich Prosecutor.[501]
The sentence of the local court at Neumarkt (Oberpfalz) dated 28 April 1942, Ds 14/42, is annulled with its relevant findings in as far as the accused was sentenced for assault. In this connection the case will be returned to the lower court, namely to the Special Court at Nuernberg, for a new trial and sentence.