Kronberg

The 94th Article of War, relating to frauds against the government by persons subject to military law, after enumerating various of such offenses and indicating the punishment therefor, provides that “if any person, being guilty of any of the offenses aforesaid while in the military service of the United States, receives his discharge or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial in the same manner and to the same extent as if he had not received such discharge nor been dismissed.” The Inquiry in this case is whether the provision was within the power of Congress to enact.

Briefly, the facts are that appellant was honorably discharged from the Army at Hamilton Field on April 7, 1947. Twenty-two days later, on April 29, while still in uniform, he was detained by San Francisco police on suspicion of being absent without leave. At that time, with his consent and that of his wife, a search, participated in by a representative of the provost marshal, was made of his home with the resultant discovery of a parachute and many articles of Army clothing and other gear, valued in excess of $700, plus…