State ex rel. Poole v. Nuchols
North Dakota Supreme Court
Application by the State, on the relation of Thomas H. Poole, for Avrit of prohibition against S. L. Nuchols and others. Unconstitutionality of Articles of War is no defense to a charge of disobedience of an order of the commander in chief. Dudley on Military Latv, 135; Winthrop on Military Law, Vol. 2, p. 189; Military Laws of the United States, 9*73 and cases cited. Conduct unbecoming an officer and gentleman in the 61st Article of War is a proper charge.
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Application by the State, on the relation of Thomas H. Poole, for Avrit of prohibition against S. L. Nuchols and others. Unconstitutionality of Articles of War is no defense to a charge of disobedience of an order of the commander in chief. Dudley on Military Latv, 135; Winthrop on Military Law, Vol. 2, p. 189; Military Laws of the United States, 9*73 and cases cited. Conduct unbecoming an officer and gentleman in the 61st Article of War is a proper charge. Carter case, 105 Fed. Rep. 617, 183 U. S. 386. The commission of or attempt to commit a crime constitutes such conduct; Dudley Military…
1Opinion of the CourtFisk, J.
Relator makes application to this court for the issuance of a writ of prohibition to enjoin and prohibit -defendants, who are members of a court-martial, from further proceeding with- the trial of relator upon certain designated charges and specifications, a copy of which was made a part of the application. Elaborate arguments were presented on behalf of relator, and .also against his contention, and numerous reasons were urged both in favor of and against the issuance of such -wri-t, but -they all relate to the merits, being -based upon the apparent .assumption, which we deem erroneous, that…
2Cases cited8 opinions
- Smith v. WhitneySupreme Court of the United States · 1886
- Johnson v. SayreSupreme Court of the United States · 1895
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- People v. RichmondSupreme Court of Colorado · 1891
- People v. Circuit CourtIllinois Supreme Court · 1897
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3Cited by10 opinions
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- State ex rel. Lofthus v. LangerNorth Dakota Supreme Court · 1920
- State Ex Rel. Olson v. WelfordNorth Dakota Supreme Court · 1935
- Guilford School District No. 3 v. Dakota Trust Co.North Dakota Supreme Court · 1920
- State ex rel. Poole v. PeakeNorth Dakota Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.