Legal Opinion

Kahn v. Anderson

Supreme Court of the United States

Decided January 31, 1921No. 421PublishedCited by 127 opinions

APPEAL PROM THE DISTRICT - COURT OF,. THE UNITED STATES FOR THE DISTRICT OF KANSAS. The case is stated in the opinion. Notwithstanding Congress by express constitutional provision has the power to prescribe rules for the government and regulation of thé army, those rules must be interpreted consistently.with the provision that the trial of all crimes, except in cases of impeachment, shall be by jury, and that in all criminal prosecutions the accused shall enjoy the right to…

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APPEAL PROM THE DISTRICT - COURT OF,. THE UNITED STATES FOR THE DISTRICT OF KANSAS. The case is stated in the opinion. Notwithstanding Congress by express constitutional provision has the power to prescribe rules for the government and regulation of thé army, those rules must be interpreted consistently.with the provision that the trial of all crimes, except in cases of impeachment, shall be by jury, and that in all criminal prosecutions the accused shall enjoy the right to a trial by jury, and that no person shall be deprived of life or liberty without due process of law.- The provisions of…

1Opinion of the CourtChief Justice White

The petition for habeas corpus filed by the appellants on April 14, 1920, to obtain their release from confinement in the United States Disciplinary Barracks at Leavenworth, having, on motion of the United States, been dismissed on the face of the petition and documents annexed, the appeal which is now before us was prosecuted. We are therefore only concerned with the issues which legitimately arise from that situation.

It was charged in the petition that on November 4, 1918, the petitioners were placed on trial before a general court-martial for violation of the 96th Article of War, in having…

2Cases cited12 opinions

  1. Ex Parte MilliganSupreme Court of the United States · 1867
  2. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
  3. Martin v. MottSupreme Court of the United States · 1827
  4. Carter v. McClaughrySupreme Court of the United States · 1902
  5. McElrath v. United StatesSupreme Court of the United States · 1880

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3Cited by127 opinions

  1. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  2. McCarty v. McCartySupreme Court of the United States · 1981
  3. United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
  4. Ex Parte QuirinSupreme Court of the United States · 1942
  5. Solorio v. United StatesSupreme Court of the United States · 1987

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