In re Bogart
U.S. Circuit Court for the District of California
[On habeas corpus. In the matter of Robert D. Bogart. A writ of habeas corpus having been issued and duly served upon Thomas O. Sel-fridge. in pursuance of the prayer of a petition filed on behalf of Robert D. Bogart, under the act of congress of February 5, 1867 (14 Stat. 385), the respondent produced the body of said Bogart, and made a return to the writ, in which he states, that he, Thomas O. Selfridge, is a duly appointed and acting rear admiral in the navy of the United…
Read the full summary
[On habeas corpus. In the matter of Robert D. Bogart. A writ of habeas corpus having been issued and duly served upon Thomas O. Sel-fridge. in pursuance of the prayer of a petition filed on behalf of Robert D. Bogart, under the act of congress of February 5, 1867 (14 Stat. 385), the respondent produced the body of said Bogart, and made a return to the writ, in which he states, that he, Thomas O. Selfridge, is a duly appointed and acting rear admiral in the navy of the United States, in command at the Mare Island navy yard, a naval station of the United States in the state of California,…
1Opinion of the Court
By the Court,
SAWYER, Circuit Judge,
after stating the facts. Conceding the jurisdiction over the subject matter and over the person of the petitioner, the navy department appears, in all essential particulars, to be proceeding regularly in the exercise of its jurisdiction.
Upon the facts shown, is the petitioner lawfully detained in custody by the respondent? If a naval court-martial has, at this time, jurisdiction to trjr the offenses charged, when committed by a party holding the position which the prisoner appears to have occupied on December 1, 1868, then he is *798lawfully held for trial. All…
2Cited by18 opinions
- United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
- Ex parte JochenDistrict Court, S.D. Texas · 1919
- Hovey v. SheffnerWyoming Supreme Court · 1908
- O'MALLEY v. HiattDistrict Court, M.D. Pennsylvania · 1947
- Talbott v. United States Ex Rel. TothCourt of Appeals for the D.C. Circuit · 1954
13 more not listed; retrieve them via the Exa API.