Crouch

Crouch v. United States

Good Law
13 F.2d 348·1926 U.S. App. LEXIS 3565
United States Court of Appeals for the Ninth CircuitJune 14, 1926No. 4751California797 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above). There can be no question hut that the appellant was triable by a general court-martial under the second and twelfth Articles of War and that the court had jurisdiction of his person. While a court-martial is a court of special and limit *350 ed jurisdiction, its proceedings,' when confirmed as provided by law, are not open to review in other courts, except upon an affirmative showing that the court-martial was not constituted according to law, or was without jurisdiction of the person or of the subject-matter, or exceeded its power in the judgment rendered. Grafton v. United States, 206 U. S. 333 , 27 S. Ct. 749 , 51 L. Ed. 1084 , 11 Ann. Cas. 640; Carter v. McClaughry, 183 U. S. 365 , 22 S. Ct. 181 , 46 L. Ed. 236 ; Carter v. Roberts, 177 U. S. 496 , 20 S. Ct. 713 , 44 L. Ed. 861 ; Dynes v. Hoover, 20 How. 65 , 15 L. Ed. 838 . And civil courts are not courts of error to review the proceedings and sentences of legally organized courts-martial, which have jurisdiction of the person of the accused and of the offense charged, and have complied with the statutory requirements governing their proceedings. Mullan v. United States, 212 U. S. 516 , 29…

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