Kinsella v. United States Ex Rel. Singleton

This direct appeal tests the constitutional validity of peacetime court-martial trials of civilian persons “accompanying the.armed forces outside the United States” 1 and charged with noncapital offenses under the Uniform Code of Military Justice, 10 U. S. C. § 802, 70A Stat. 37. Appellee contends that the dependent wife of a soldier can be tried only in a court that affords her the safeguards of Article III and of the Fifth and Sixth Amendments of the Constitution. The trial court held Article 2 (11) of the Code unconstitutional as applied to civilian dependents accompanying the armed forces…