Legal Opinion

Humphrey v. Smith

Supreme Court of the United States

Decided May 31, 1949No. 457PublishedCited by 103 opinions

1Opinion of the CourtJustice Black

The respondent, Bernard W. Smith, an American soldier, was convicted by an Army court-martial for rape of one woman and assault with intent to rape another in violation of the 92d and 93d Articles of War. 10 U. S. C. §§ 1564 and 1565. His punishment was dishonorable discharge, forfeiture of all pay and allowances, and imprisonment for life. Army reviewing authorities approved the conviction and sentence, but the President reduced the punishment to sixteen years’ imprisonment. This habeas corpus proceeding was brought in a District Court challenging the validity of the conviction. The District…

Also in this document: Dissent.

2Cases cited13 opinions

  1. Carter v. McClaughrySupreme Court of the United States · 1902
  2. In Re YamashitaSupreme Court of the United States · 1946
  3. United States Ex Rel. Hirshberg v. CookeSupreme Court of the United States · 1949
  4. Collins v. McDonaldSupreme Court of the United States · 1922
  5. Hicks v. HiattDistrict Court, M.D. Pennsylvania · 1946

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3Cited by103 opinions

  1. United States v. AugenblickSupreme Court of the United States · 1969
  2. Johnson v. EisentragerSupreme Court of the United States · 1950
  3. Hulse v. State, Department of JusticeMontana Supreme Court · 1998
  4. William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  5. Stopher v. CommonwealthKentucky Supreme Court · 2001

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