United States v. Praeger
District Court, W.D. Texas
Prosecution for Refusal to Testify before Court-Martial. Tlio questions submitted for consideration arise upon an information, filed by the district attorney pursuant to the following act of Congress, entitled an “act to prevent the failure of military justice and for other purposes,” approved March 2, 1901: ‘‘Be it enacted by the Senate and House of Bepresentatives of the United States of America in Congress assembled, that every person not belonging to the army of the…
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Prosecution for Refusal to Testify before Court-Martial. Tlio questions submitted for consideration arise upon an information, filed by the district attorney pursuant to the following act of Congress, entitled an “act to prevent the failure of military justice and for other purposes,” approved March 2, 1901: ‘‘Be it enacted by the Senate and House of Bepresentatives of the United States of America in Congress assembled, that every person not belonging to the army of the United States who, being duly subpoenaed to appear as a witness before a general court-martial of the army, willfully…
1Opinion of the CourtMaxey, District Judge
(after stating the facts). It is thought proper to observe in the outset that the following grave constitutional question confronts the court at the threshold of the case: Is it competent for the defendant to waive a jury and submit the cause to the determination of the court? The punishment provided by the act of Congress, upon conviction, “shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of the court.” While in view of the punishment prescribed by the statute, the question is involved in doubt, the court is 'inclined…
2Cases cited27 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Hale v. HenkelSupreme Court of the United States · 1906
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Brown v. WalkerSupreme Court of the United States · 1896
- Davis v. United StatesSupreme Court of the United States · 1895
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hargrove v. United StatesCourt of Appeals for the Fifth Circuit · 1933
- United States v. ShibleyDistrict Court, S.D. California · 1953
- United States v. FerdinandUnited States Court of Military Appeals · 1989
- Cornutt v. State Ex Rel. AlexanderCourt of Appeals of Texas · 1932
- State v. MaloneLouisiana Court of Appeal · 2009