McGorray v. Murphy

Citations

• 80 Ohio St. (N.S.) 413

Syllabus

<p>Enlisted man of Ohio National Guard — Is a soldier in the United States Militia — And liable to trial by court martial — Proceedings of military court — Cannot be reviezved upon habeas corpus, when.</p> <p>1. An enlisted man of the Ohio National Guard is a soldier of “the organized militia” of the United States, as defined in the Act of Congress approved January 21, 1903, entitled: “An act to promote the efficiency of the militia, and for other purposes” as amended by the Act of Congress of May 27, 1908; and as such soldier he is liable to trial and punishment by court martial as provided in the code of Regulations of the Ohio National Guard and the Articles of War of the United States as adopted in said code of regulations.</p> <p>2. The proceedings of a military court cannot be reviewed upon habeas corpzis, when -it appears that the military tribunal has jurisdiction over the offense charged and that the offender is a person who is amenable to its jurisdiction.</p>