United States v. Michael

Citations

• 153 F. 609
• 1907 U.S. Dist. LEXIS 294

Syllabus

<p>1. Abmy and Navy — Clothing of Soldikb — Sale.</p> <p>The sale of military clothing issued to a soldier during his term of service constitutes an offense against the military law, for which he may be punished by a court-martial, as provided by the seventeenth article of war, as amended by Act July 27, 1892, c. 272, 27 Stat. 277 [U. S. Comp. St. 1901, p. 9173, declaring that any soldier who sells or through neglect loses or spoils his horse, arms, or accoutrements, shall be punished as the court-martial shall adjudge, etc.</p> <p>2. Same — Pledge—Liability of Pledgee.</p> <p>The receiving in pledge, by a civilian from a soldier, of clothing issued to the latter during the term of his enlistment, does not constitute a penal offense, within Rev. St. § 5438 [U. S. Comp. St. 1901, p. 8673], providing that every person who purchases or receives in pledge from a soldier any arms, equipment, ammunition, clothing, military stores, or other public property, such soldier not having the lawful right to pledge or sell the same, shall be imprisoned, etc., since the clothing oil being issued to the soldier becomes his individual property and ceases to belong to the United States.</p>