In re Brodie
Court of Appeals for the Eighth Circuit
On Petitions for Writs of Habeas" Corpus. In response to writs of habeas corpus issued upon the respective petitions of Edward M. Brodie, James F. Coffey, Andrew C. Hanshew, and John II. Morris, the warden of the United States penitentiary at Fort Leavenworth, Kan., made returns showing that the-petitioners were held in confinement in that penitentiary under approved sentences of military courts-martial.
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On Petitions for Writs of Habeas" Corpus. In response to writs of habeas corpus issued upon the respective petitions of Edward M. Brodie, James F. Coffey, Andrew C. Hanshew, and John II. Morris, the warden of the United States penitentiary at Fort Leavenworth, Kan., made returns showing that the-petitioners were held in confinement in that penitentiary under approved sentences of military courts-martial. From these returns, upon which no issue of fact has been taken, it appears: Brodie and Coffey, privates in the Third Cavalry, were tried February 1, 1901, before a general court-martial, at…
1Opinion of the CourtVan Devanter, Circuit Judge
But a single question is presented in each of these cases: Is the sentence of the court-martial void because, instead of prescribing the character of the confinement — -whether at a military post or in a penitentiary — -it leaves the determination of that matter to the reviewing authority ? The question is solved by a careful consideration of pertinent provisions of the articles of war and of the army regulations. The ninety-seventh article of war (Rev. St. p. 239, 1 U. S. Comp. St. 1901, p. 967) declares:
“No person in the military service shall, under the sentence of a court-martial, be…
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