Central Reporter; All Cases Determined in the Courts of Last Resort Volume 3

Central Reporter; All Cases Determined in the Courts of Last Resort Volume 3

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...1122); Stale v. Rankin, 4 Cold. (Tenn.) 145; De Hart, Court-Martial, 140; Benet, Military Law, 100; Ives, Military Law, 38, 39; 1 Winthrop, Military Law, 111; Digest Judge Adv-Gecs. Ops. 84, 214, 215, and note; 3 Ops. Atty-Gens. 749, Otli ed. 428-511, 512. But if it did err in overruling this plea, the error did not oust its jurisdiction or invalidate its sentence. Ex parte Sie'mld, supra. In McGuirl's case there was no plea of "former jeopardy," and nothing, therefore, upon which even to base a suggestion of error. Messrs. Jas. W. Walker and W. Pierce Bell, for petitioners: Article 5 of the Constitution has been repeatedly construed by the courts. Pasclnd's annotations on the phrase now brought to the court's attention, says: "For the same offense to be put t trice in jeopardy of life or limb." "The meaning is that a party shall not be tried a second time for the same offense after he has once been acquitted or convicted, unless judgment has been arrested or a new trial granted on motion of the party." Paschal, Annotated Constitution. 255: citing U. 8. v. Haskell, 4 Wash. C. C. 402-410. If a court-martial had no jurisdiction, or inflicts punishment beyond lawful authority, although sentence be approved, civil courts may inquire and give redress. Id. 254; Harmon v. Titpjtenden, 1 East, 555; Marshalsea Case, 10 Coke, 76; Moravia, v. Sloper, Willes, 30; Parlon v. Williams, 3 Barn. & Aid. 330; Dynes v. Hoover, 20 How. 82 (61 U. 8. bk. 15, L. ed. 285). This court has passed upon the plea of autrefois acquit (3 Mack. 393), but no court has passed upon the point as here presented. The U. S. Supreme Court, in Ex parte Mason, 105 U. S. 698 (bk. 26. L. ed. 1218), intimated the legal status of a soldier prisoner amenable...
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Product details

  • Paperback | 1006 pages
  • 189 x 246 x 50mm | 1,755g
  • Miami Fl, United States
  • English
  • Annotated
  • annotated edition
  • black & white illustrations
  • 1236589335
  • 9781236589330