In re Fair

Citations

• 100 F. 149
• 1900 U.S. App. LEXIS 5084

Syllabus

<p>1. COURT-MAKTrAD — -JUDGMENT—BAR TO ClVIL PROSECUTION.</p> <p>The finding and judgment of “Not guilty” by a military court-martial is not a bar to the prosecution for the same act by the civil authorities.</p> <p>2. Untíkd States Army — Orders of Officers — Protection to Private.</p> <p>An order given by a military officer to his private should be obeyed by the private, and will be his full protection in a criminal prosecution, unless the illegality of such order is so clearly shown on its face that a man of ordinary sense and understanding would know when he heard it read or given that the order was illegal.</p> <p>8. Criminad Law — Federad and State Jurisdiction.</p> <p>The government of the United States and of a state, though exercised within the same territory, occupy different planes, and the criminal laws of the one have no application to acts performed under the authority of the other in respect to matters solely within its control.</p> <p>4. United States Army — Regulations.</p> <p>Raws, rules, and regulations for the efficiency and discipline of the army of the United States are matters vested by the constitution solely in the general government.</p> <p>5. Criminad Laws — Acts of United States Agents — Jurisdiction.</p> <p>An officer or agent of the United States who does an act which is within the scope of his authority as such officer or agent cannot he held to answer therefor under the criminal laws of another and different government.</p> <p>6. Army Officer--Performance of Duties.</p> <p>The care, judgment, and discretion which should he exercised by an officer of the United States in the performance of his duty as such officer are not to he measured by the criminal laws of a state.</p> <p>7. Same — Liability.</p> <p>When an officer, in the performance of his duty under the laws of the United States, exceeds his authority, he may he sued in the state courts by any person injured by reason thereof, hut when the act was done in good faith, and without