Legal Opinion

Coffin v. Wilbur

Massachusetts Supreme Judicial Court

Decided October 25, 1828Published

This was an action of debt, brought by the plaintiff a? judge-advocate, to recover a'fine of 100 dollars alleged to nave been imposed upon the defendant by the sentence of a division court-martial. A verdict was found for the plaintiff. The cause was argued at October term 1827, by Spooner and Warren, for the defendant, and by Coffin, pro se; and the opinion of the Court was delivered at October term 1828.

1Opinion of the Court

By St. 1809, c. 108, § 31, it is enacted, that a court-martial shall sentence the accused, if he is found guilty, either to be reprimanded in orders, or to be removed from office ; and if any officer is sentenced to be removed, the court shall adjudge him to be incapable of holding any military office under this Commonwealth, either for life or term of years. By St. 1821, c. 92, § 9, power is given to a division court-martial, “ to inflict such fine on any officer, by said court convicted, as under the circumstances of the case, to said court shall seem reasonable, not exceeding the sum of…

2Cases cited1 opinion

  1. Commonwealth v. DerbyMassachusetts Supreme Judicial Court · 1816

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