United States Ex Rel. Toth v. Quarles

Mr. Justice Reed, with whom Mr. Justice Burton and Mr. Justice Minton join,

dissenting.

This case presents the question whether or not an honorably discharged ex-serviceman may be apprehended by military authorities to stand trial by court-martial for a crime alleged to have been committed by him while he was a member of the armed forces of the United States. The answer turns upon the constitutionality and construction of the applicable provisions of the Uniform Code of Mili*24tary Justice, 64 Stat. 108, 50 U. S. C. § 551 et seq., under which the United States Air Force acted in this case.

Whenever…