United States v. Kinsella

BEN MOORE, Chief Judge.

More than a year ago, the Supreme Court of the United States, on a rehearing, decided in the eases of Reid v. Covert (Kinsella v. Krueger), 1957, 354 U. S. 1, 77 S.Ct. 1222, 1 L.Ed.2d 1148, that civilian dependents of members of the armed forces overseas in time of peace could not be tried by court-martial for capital offenses. Since that time, considering itself bound by that decision, this court granted a writ of habeas corpus in a case involving a trial by court-martial of such a civilian dependent for the unpremeditated murder of her husband, a non-capital offense.…