US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

WHELCHEL V. MCDONALD, 340 U. S. 122 (1950)

Subscribe to Cases that cite 340 U. S. 122 RSS feed for this section

U.S. Supreme Court

Whelchel v. McDonald, 340 U.S. 122 (1950)

Whelchel v. McDonald

No. 109

Argued November 10, 1950

Decided December 4, 1950

340 U.S. 122


Petitioner, while on active duty with the United States Army in Germany, was convicted of rape by a general court-martial. He applied to the Federal District Court for a writ of habeas corpus, challenging the legality of his detention under the sentence, on the ground that he was insane at the time of the offense.

Held: the military tribunal that tried petitioner was not deprived of jurisdiction by the manner in which the insanity issue was dealt with, and habeas corpus was therefore not an available remedy. Pp. 340 U. S. 123-127.

1. Under the law governing court-martial procedure, there must be afforded a defendant at some point of time an opportunity to tender the issue of insanity, and petitioner was afforded that opportunity. P. 340 U. S. 124.

2. Any error that may be committed by the military authorities in evaluating the evidence tendered is beyond the reach of review by the civil courts. P. 340 U. S. 124.

3. The fact that the law member of the court-martial was not named from the Judge Advocate General's Department does not establish a gross abuse of discretion in the absence of a showing of the availability of an officer of the Department. P. 340 U. S. 126.

4. The provision of Article 4 of the revised Articles of War, whereby an accused may request that enlisted men be included on the court-martial, was not yet in effect when petitioner was tried, and the fact that he was tried by a court-martial composed wholly of officers does not raise a question which goes to jurisdiction. Pp. 340 U. S. 126-127.

5. The right to trial by jury guaranteed by the Sixth Amendment is not applicable to trials by courts-martial or military commissions. P. 340 U. S. 127.

178 F.2d 760, affirmed.

In a habeas corpus proceeding to secure petitioner's release from imprisonment under a sentence of a general court-martial, the District Court dismissed the petition chanroblesvirtualawlibrary

Page 340 U. S. 123

and remanded petitioner to custody. The Court of Appeals affirmed. 176 F.2d 260, 178 F.2d 760. This Court granted certiorari. 339 U.S. 977. Affirmed, p. 340 U. S. 127.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™