Birdsong v. Blackman

Citations

• 127 Miss. 693
• 90 So. 441

Syllabus

<p>1. Habeas Corpus. Anszver admitting that defendant, as captain of a military company, had custody of the party sought to he released, attached to enlistment papers, held sufficient'.</p> <p>An answer to a petition for a writ of habeas corpus which states that the persons is in his custody by virtue of his being captain of the military company of which this person 'is an enlisted member and which answer has attached thereto a copy of the enlistment papers, which answer is also properly signed and verified, is a sufficient compliance with section 3459, Code of 1906 (section 3035, Hemingway’s Code).</p> <p>3. Militia. One zvho takes the statutory enlistment oath as a soldier in the National Guard becomes a member thereof.</p> <p>One who takes the oath of enlistment as a soldier of the National Guard of the state of Mississippi prescribed by chapter 345, section 15, Laws 1916 (section 5593(b) Hemingway’s Code), thereby becomes a member of the state National Guard.</p> <p>3. Militia. Minor over age of eighteen is bound by enlistment, notzvith-standing failure to secure parents’ consent.</p> <p>Under the Constitution and statutes of this state, a minor over the age of eighteen years is bound by his enlistment into the military service of the state, even though the consent of his parents was not obtained for such enlistment.</p>