Franke v. Murray
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the' United States for the Eastern District of Missouri; Da-vid P. Dyer, Judge. Petition by Robert Henry Eranke for writ of habeas corpus against Col. Cunliif H. Murray. From, a judgment discharging the writ and remanding petitioner to custody, he appeals.
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Appeal from the District Court of the' United States for the Eastern District of Missouri; Da-vid P. Dyer, Judge. Petition by Robert Henry Eranke for writ of habeas corpus against Col. Cunliif H. Murray. From, a judgment discharging the writ and remanding petitioner to custody, he appeals. The appellant, a citizen of the United States, between the age of 21 and 31, filed a petition for a writ of habeas corpus, alleging that he is unlawfully imprisoned and deprived of his liberty by the respondent, commandant of Jefferson Barracks, in the county oí St. Bonis, state of Missouri. He .stated in…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). The grounds upon which it is sought to reverse the judgment of the court below are: (1) That in order to be a deserter one must be in the ac tual military service, and that until he has been sworn in as a soldier he has not lost his status as a civilian. (2) If he has committed any offense, or violated any of the laws of the United States, he subj ected himself to civil prosecution only, under the provisions of section 6 of the Conscription Act. (3) That Congress had no power to authorize the President to make any rules and regulations which should have the…
2Cases cited13 opinions
- Selective Draft Law CasesSupreme Court of the United States · 1918
- Houston v. MooreSupreme Court of the United States · 1820
- In Re GrimleySupreme Court of the United States · 1890
- Chin Yow v. United StatesSupreme Court of the United States · 1908
- Gegiow v. UhlSupreme Court of the United States · 1915
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3Cited by19 opinions
- Billings v. TruesdellSupreme Court of the United States · 1944
- United States Ex Rel. Bergdoll v. DrumCourt of Appeals for the Second Circuit · 1939
- United States Ex Rel. Trainin v. CainCourt of Appeals for the Second Circuit · 1944
- Stone v. ChristensenDistrict Court, D. Oregon · 1940
- Local Draft Board No. 1 v. ConnorsCourt of Appeals for the Ninth Circuit · 1941
14 more not listed; retrieve them via the Exa API.