B-154536, NOV. 2, 1964

B-154536: Nov 2, 1964

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NELLIE SUE JOURDAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 6. YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT. WHERE AN AMOUNT IS DUE FROM THE GOVERNMENT IN THE CASE OF A MEMBER OR FORMER MEMBER OF THE ARMED FORCES. IT IS AGAINST PUBLIC POLICY TO ALLOW THE AMOUNT TO A PERSON WHO FELONIOUSLY TOOK THE LIFE OF THE MEMBER OR FORMER MEMBER. EVEN THOUGH THAT PERSON WAS DESIGNATED BY THE DECEDENT AS BENEFICIARY FOR SUCH AMOUNT. WHICH READS AS FOLLOWS: "MURDER DEFENDANT ON ANOTHER DAY OF THIS TERM IN OPEN COURT WAS DULY ARRAIGNED ON INDICTMENT OF A CRIME OF MURDER AND FOR HER PLEA SAYS SHE IS NOT GUILTY. 1964 AND DEFENDANT WAS TRIED BEFORE A JURY OF GOOD LAWFUL MEN CONSISTING OF TWELVE JURORS COMPOSED OF SPECIAL VENIRE AND THE REGULAR JURORS EMPANELED FOR THE WEEK.

B-154536, NOV. 2, 1964

TO MRS. NELLIE SUE JOURDAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 6, 1964, REQUESTING REVIEW OF OUR SETTLEMENT OF MAY 26, 1964, WHICH DISALLOWED YOUR CLAIM FOR UNPAID RETIRED PAY WHICH YOU BELIEVE TO BE DUE YOU IN THE CASE OF YOUR LATE HUSBAND, BONNIE OTHLINE JOURDAN, STAFF SERGEANT, UNITED STATES AIR FORCE, RETIRED, WHO DIED ON APRIL 2, 1963.

SINCE THE RECORDS FURNISHED US BY THE DEPARTMENT OF THE AIR FORCE SHOWED THAT YOUR HUSBAND'S DEATH RESULTED FROM A GUNSHOT WOULD INFLICTED BY YOU, YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT, WHERE AN AMOUNT IS DUE FROM THE GOVERNMENT IN THE CASE OF A MEMBER OR FORMER MEMBER OF THE ARMED FORCES, IT IS AGAINST PUBLIC POLICY TO ALLOW THE AMOUNT TO A PERSON WHO FELONIOUSLY TOOK THE LIFE OF THE MEMBER OR FORMER MEMBER, EVEN THOUGH THAT PERSON WAS DESIGNATED BY THE DECEDENT AS BENEFICIARY FOR SUCH AMOUNT.

OUR FILE CONTAINS A PHOTOCOPY OF A DOCUMENT RELATING TO THE CASE OF THE STATE OF MISSISSIPPI V. NELLIE SUE JOURDAN (NO. 2234, CIRCUIT COURT OF TISHOMINGO COUNTY, MISSISSIPPI), WHICH READS AS FOLLOWS:

"MURDER DEFENDANT ON ANOTHER DAY OF THIS TERM IN OPEN COURT WAS DULY ARRAIGNED ON INDICTMENT OF A CRIME OF MURDER AND FOR HER PLEA SAYS SHE IS NOT GUILTY. THIS CAUSE CAME ON FOR HEARING JANUARY 15, 1964 AND DEFENDANT WAS TRIED BEFORE A JURY OF GOOD LAWFUL MEN CONSISTING OF TWELVE JURORS COMPOSED OF SPECIAL VENIRE AND THE REGULAR JURORS EMPANELED FOR THE WEEK. AFTER HEARING THE TESTIMONY OF WITNESSES, READING OF THE INSTRUCTIONS, AND ARGUMENTS OF THE ATTORNEYS, THE JURY RETIRED TO CONSIDER THEIR VERDICT AND AFTER DELIBERATION RETURNED INTO OPEN COURT THE FOLLOWING:

"WE, THE JURY, FIND THE DEFENDANT GUILTY OF MANSLAUGHTER, AND ASKED THE MERCY OF THE COURT. ON THIS DAY DEFENDANT WAS RETURNED TO COURT TO RECEIVE SENTENCE. ORDERED BY THE COURT THAT THE DEFENDANT BE SENTENCED TO THE STATE PENITENTIARY FOR A TERM OF 15 YEARS, 7 1/2 OF THESE YEARS TO BE SUSPENDED ON GOOD BEHAVIOR.'

ON THE BASIS OF SUCH VERDICT AND SENTENCE, IT MUST BE CONCLUDED THAT THE SETTLEMENT WHICH FOUND YOU NOT ELIGIBLE TO RECEIVE THE UNPAID RETIRED PAY IN THE CASE OF BONNIE OTHLINE JOURDAN WAS CORRECT.