Kirkman v. McClaughry
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. *
1Opinion of the Court
VAN DEVANTER, Circuit Judge.
Upon two separate trials before different courts-martial upon distinct military charges, the appellant, then a captian in the regular army, was convicted and sentenced to dismissal from the service and to confinement at hard labor for stated terms in a penitentiary. The second trial was for offenses committed during an adjournment of the first. Neither sentence had been promulgated when the other was imposed, and neither contained any reference to the other. Indeed, the eighty-fourth and eighty-fifth Articles of War make it certain that neither court-martial, when…
2Cases cited12 opinions
- Martin v. MottSupreme Court of the United States · 1827
- United States v. MooreSupreme Court of the United States · 1878
- Carter v. McClaughrySupreme Court of the United States · 1902
- Dynes v. HooverSupreme Court of the United States · 1858
- Kurtz v. MoffittSupreme Court of the United States · 1885
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3Cited by4 opinions
- Biddle v. HallCourt of Appeals for the Eighth Circuit · 1926
- White v. KwiatkowskiCourt of Appeals for the Tenth Circuit · 1932
- O'MALLEY v. HiattDistrict Court, M.D. Pennsylvania · 1947
- Mosher v. HudspethDistrict Court, D. Kansas · 1941