Legal Opinion

Carter v. McClaughry

Supreme Court of the United States

Decided January 6, 1902No. 251PublishedCited by 254 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. This was a petition for the writ of habeas corpus filed on behalf of Oberlin M. Carter in the Circuit Court of the United States for the District of Kansas, October 17, 1900, on which the writ was issued returnable October 26. The petition alleged .that Carter was imprisoned and restrained of his liberty by the warden of the United States prison at Fort Leavenworth, Kansas, by virtue of a sentence…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. This was a petition for the writ of habeas corpus filed on behalf of Oberlin M. Carter in the Circuit Court of the United States for the District of Kansas, October 17, 1900, on which the writ was issued returnable October 26. The petition alleged .that Carter was imprisoned and restrained of his liberty by the warden of the United States prison at Fort Leavenworth, Kansas, by virtue of a sentence imposed upon him by a general court martial of the United States, approved by ¿the Secretary of War, and approved and…

1Opinion of the CourtChief Justice Fuller

In Carter v. Roberts, 177 U. S. 496, it was said: “ The eighth section of article I of the Constitution provides that the Congress shall have power to make rules for the government apd regulation of the land and naval forces,’ and in the exercise of that power Congress has enacted rules for the regulation of the army known as the Articles of War. Pev. Stat. § 1342. Every officer, before he enters on the duties of his office, subscribes to these articles, and places himself within the power of courts martial to pass on any offence which he may have committed in contravention of them. Courts…

2Cases cited15 opinions

  1. Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
  2. Claassen v. United StatesSupreme Court of the United States · 1891
  3. Dynes v. HooverSupreme Court of the United States · 1858
  4. Smith v. WhitneySupreme Court of the United States · 1886
  5. Coleman v. TennesseeSupreme Court of the United States · 1879

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3Cited by254 opinions

  1. Pinkerton v. United StatesSupreme Court of the United States · 1946
  2. Wade v. HunterSupreme Court of the United States · 1949
  3. Iannelli v. United StatesSupreme Court of the United States · 1975
  4. Gore v. United StatesSupreme Court of the United States · 1958
  5. Callanan v. United StatesSupreme Court of the United States · 1961

249 more not listed; retrieve them via the Exa API.

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