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Fowler v. Wilkinson, 353 U.S. 583 (1957)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fowler v. Wilkinson, 353 U.S. 583 (1957)
Fowler v. Wilkinson No. 620 Argued April 30, 1957 Decided June 3, 1957 353 U.S. 583
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. After a general court-martial had convicted a soldier of the two separate crimes of premeditated murder and attempted rape and had imposed an aggregate sentence of life imprisonment for both offenses, an Army Board of Review, after setting aside the conviction on the murder charge, had authority, under Article 66(c) of the Uniform Code of Military Justice, to reduce the sentence to the maximum sentence for attempted rape. Jackson v. Taylor, ante, p. 569. Pp. 583-585.
2. In a habeas corpus proceeding, a civil court may not revise a sentence imposed on a soldier by military authorities after his conviction by court-martial, on the ground that the sentence is arbitrarily severe. Carter v. McClaughry, 183 U.S. 365, followed. United States v. Voorhees, 4 U.S.C.M.A. 509, 16 C.M.R. 83, distinguished. Pp. 584-585.
3. The action of the Board of Review in adjusting the sentence does not deprive the accused of any right of appellate review. P. 585.
234 F.2d 615 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Fowler v. Wilkinson, 353 U.S. 583 (1957) in 353 U.S. 583 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=5FAIUMM7FSW66AI.
MLA: U.S. Supreme Court. "Syllabus." Fowler v. Wilkinson, 353 U.S. 583 (1957), in 353 U.S. 583, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5FAIUMM7FSW66AI.
Harvard: U.S. Supreme Court, 'Syllabus' in Fowler v. Wilkinson, 353 U.S. 583 (1957). cited in 1957, 353 U.S. 583. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=5FAIUMM7FSW66AI.
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