United States v. Clark
U.S. Circuit Court for the District of Eastern Michigan
On complaint before the district judge, as committing magistrate, for murder upon the Fort Wayne military reservation. Arthur Stone, the deceased, was a private soldier of Company I, Twenty-third regiment, United States infantry, and,,at the time of the homicide, was under conviction of a court-martial for “conduct prejudicial to good order and military dicipline,” and had been sentenced “to be dishonorably discharged the service of the United States, forfeiting all pay and…
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On complaint before the district judge, as committing magistrate, for murder upon the Fort Wayne military reservation. Arthur Stone, the deceased, was a private soldier of Company I, Twenty-third regiment, United States infantry, and,,at the time of the homicide, was under conviction of a court-martial for “conduct prejudicial to good order and military dicipline,” and had been sentenced “to be dishonorably discharged the service of the United States, forfeiting all pay and allowances due or to become due, and to be confined at hard labor, at such military prison as the reviewing authority…
1Opinion of the CourtBrown, J.
In view of the fact that this was a homicide committed by one soldier, in the performance of his alleged duty, upon another soldier, within a military reservation of the United States, I had at first some doubt whether a civil court could take cognizance of the case at all; but, as crimes of this nature have repeatedly been made the subject of inquiry by civil tribunals, I have come to the conclusion that 1 ought not to decline to hear this complaint. Indeed, it is difficult to sec how I could refuse to do so without abdicating that supremacy of’ the civil power which is a fundamental…
2Cases cited4 opinions
- Ex Parte WilsonSupreme Court of the United States · 1885
- Wilkes v. DinsmanSupreme Court of the United States · 1849
- McCall v. McDowellU.S. Circuit Court for the District of California · 1867
- United States v. CarrU.S. Circuit Court for the Southern District of Georgia · 1872
3Cited by32 opinions
- United States v. Fawaz Yunis, A/K/A NazeehCourt of Appeals for the D.C. Circuit · 1991
- Robert Dean Mattis, M.D. v. Richard R. Schnarr and Robert Marek v. John C. Danforth, Attorney General, State of Missouri, Intervenor-AppelleeCourt of Appeals for the Eighth Circuit · 1976
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Cleamtee Garner v. Memphis Police DepartmentCourt of Appeals for the Sixth Circuit · 1983
- Schumann v. McGinnSupreme Court of Minnesota · 1976
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