Legal Opinion

Blackington v. United States

Court of Appeals for the First Circuit

Decided January 2, 1918No. 1320PublishedCited by 3 opinions

Appeal from the District Court of the United States for the District of Massachusetts; Jas. M. Morton, Jr., Judge. Petition by Carl A. Blackington for writ of habeas corpus against the United States of America and others. From an order discharging the writ, and remanding petitioner to custody of his commanding officer (245 Fed. 801), petitioner appeals.

1Per curiam

In this case it appears that the appellant is now a soldier in the United States army, having be^n drafted into that service, pursuant to section 111 of the National Defense Act of June 3, 1916 (39 Stat. 166, 211), and of section 1, subd. 2, of the National Conscription Act of May 18, 1917, on August 5, 1917, at which time he was examined by the federal medical officers and accepted into said United States service, and said examination is not shown to have been in any manner irregular or unfair. In view of the above, we are of opinion that his present status as a soldier is determined by the…

2Cited by3 opinions

  1. United States v. ValadezUnited States Court of Military Appeals · 1978
  2. United States v. TorresUnited States Court of Military Appeals · 1979
  3. Reed v. CushmanCourt of Appeals for the First Circuit · 1918

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