In re Grimley

Citations

• 38 F. 84
• 1889 U.S. App. LEXIS 2790

Syllabus

<p>1. Army and Navy — Military Tribunals — Jurisdiction—Review on Habeas Corpus. On habeas corpus, the United States circuit court has jurisdiction to determine whether the military tribunal which tried the petitioner had jurisdiction; and the general finding of the military court that the petitioner was in the military service of the United States when he committed the crime of desertion, for which he was tried, is no bar to an inquiry into the military court’s jurisdiction.</p> <p>2. Same — -Desertion—Void Enlistment. By Rev, St. U. S. § 1116, men must he between the ages of 16 and 35 in order to be proper.subjects of military service. Petitioner was more than 40 at the time of enlistment. He did not enter into any service, or discharge any duties as a soldier, but left the recruiting office, or was permitted to depart, and was not in the actual control of the military officers till his arrest for desertion. Held, that the enlistment was void, as the petitioner was not a proper subject of military service, and that the military tribunal had no jurisdiction.</p>