Legal Opinion

Lee v. Madigan

Supreme Court of the United States

Decided January 12, 1959No. 42PublishedCited by 57 opinions

1Opinion of the CourtJustice Douglas

Article of War 92, 10 U. S. C. (1946 ed., Supp. IV) § 1564, which, prior to the adoption of the Uniform Code of Military Justice,1 governed trials for murder or rape before courts-martial,2 contained a proviso “That no person shall be tried by court-martial for murder or rape committed within the geographical limits of the States of the Union and the District of Columbia in time of peace.”

The question for decision concerns the meaning of the words “in time of peace” in the context of Article 92.

Petitioner, while serving with the United States Army in France, was convicted by a court-martial,…

2Cases cited17 opinions

  1. Reid v. CovertSupreme Court of the United States · 1957
  2. Kent v. DullesSupreme Court of the United States · 1958
  3. United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
  4. Ex Parte EndoSupreme Court of the United States · 1945
  5. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919

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3Cited by57 opinions

  1. Loving v. United StatesSupreme Court of the United States · 1996
  2. United States v. Morton SobellCourt of Appeals for the Second Circuit · 1963
  3. United States ex rel. Carter v. Halliburton Co.Court of Appeals for the Fourth Circuit · 2013
  4. Sleath v. West Mont Home Health Services, Inc.Montana Supreme Court · 2000
  5. Floyd J. Osborn v. United StatesCourt of Appeals for the Fifth Circuit · 1963

52 more not listed; retrieve them via the Exa API.

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