JUDGES OVERTURN SERVICES METHODS IN CAPITAL CASES
The nation's highest military court today struck down the procedures used for sentencing members of the armed forces to death but said the President could remedy the constitutional defect without new legislation. The decision by the Court of Military Appeals granted what could prove to be only a temporary reprieve to Pfc. Wyatt L. Matthews of the Army, who brought the appeal, and the six other servicemen who are now under sentence of death, all imprisoned at Fort Leavenworth in Kansas. The three-judge court held that the military's procedures for sentencing service members to death for murder and rape, used since the capital punishment provisions of the Uniform Code of Military Justice were enacted in 1950, violated constitutional standards since mandated by the Supreme Court, in particular the requirement that ''aggravating factors'' justifying the death penalty be specified by the sentencing body.
