Givens v. Zerbst
Supreme Court of the United States
APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP GEORGIA. The case is stated in the opinion. The authority to appoint general courts-martial is defined in the 8th Article of War. Camp commanders are not so authorized. They can only appoint, under Article 9, special courts-martial, which can not, under Article 13, try an officer. It was alleged, though not proven, that appellant was, if anything in the service, a captain of infantry.
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APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP GEORGIA. The case is stated in the opinion. The authority to appoint general courts-martial is defined in the 8th Article of War. Camp commanders are not so authorized. They can only appoint, under Article 9, special courts-martial, which can not, under Article 13, try an officer. It was alleged, though not proven, that appellant was, if anything in the service, a captain of infantry. On its face, then, the record is deficient. To give effect to its sentences it must appear affirmatively and unequivocally that…
1Opinion of the CourtChief Justice White
In his return to a writ of habeas corpus, which was allowed on the petition of appellant averring that he was restrained of his liberty in violation of his constitutional rights, the warden of the penitentiary at Atlanta, asserting the lawfulness of his custody of the petitioner, annexed as part of his return the following .documents:(1) A copy of General Orders, No. 56, issued by the President on June 13, 1918, conferring upon the commanders of designated'camps, among them Camp Sevier, S. C., the authority to convene a general court-martial.(2) .General Court-Martial Orders, No. 139, issued…
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