Legal Opinion
United States v. O'BYRNE
District Court, E.D. Virginia
Decided October 10, 1973No. Cr. 52-73-NNPublishedCited by 6 opinions
1Opinion of the Court
OPINION
KELLAM, Chief Judge.
Appellant, James L. O’Byrne, is a soldier on active duty stationed at Fort Eustis, Virginia, a United States Military Reservation. On March 18, 1973, O’Byrne was arrested on the base and charged with driving his automobile on the base while under the influence of intoxicants, a violation of Va. Code 18.1-54 which was made applicable pursuant to the Assimilative Crimes Act, 18 U.S.C.A. § 13. At trial, objection was raised to the Court’s jurisdiction on the ground that since the act of drunk driving is made punishable by the Uniform Code of Military Justice, Article…
2Cases cited21 opinions
- O'Callahan v. ParkerSupreme Court of the United States · 1969
- Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
- Grafton v. United StatesSupreme Court of the United States · 1907
- Gosa v. MaydenSupreme Court of the United States · 1973
- Williams v. United StatesSupreme Court of the United States · 1946
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. James K. Mariea and Jerry M. Smith, United States of America v. James K. MarieaCourt of Appeals for the First Circuit · 1986
- United States v. KnottDistrict Court, E.D. Virginia · 1989
- United States v. FulkersonDistrict Court, D. Hawaii · 1986
- Hilyer v. DixonCourt of Civil Appeals of Alabama · 1979
- United States v. JergeDistrict Court, E.D. Virginia · 1990
1 more not listed; retrieve them via the Exa API.