Eugene M. Barrett v. C. H. Looney, Warden, United States Penitentiary, Leavenworth, Kansas

This case presents a single question: Does one who enlists in the military while under lawful age for enlistment but who continues to voluntarily render military service after reaching the age of permissible enlistment thereupon become amenable to court-martial jurisdiction for offenses committed after such lawful age is attained?

Appeal is taken from the judgment of the District Court of Kansas holding that one who so serves becomes a member of the military and subject to its jurisdiction.

The particular facts premising the issue, together with a careful analysis of pertinent authority, is set…