Caldwell v. Parker, 252 U.S. 376 (1920)

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Caldwell v. Parker


No. 636


Argued March 4, 5, 1920
Decided April 19, 1920
252 U.S. 376

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF ALABAMA

Syllabus

The jurisdiction to try and punish for the crime of murder, committed by a person in the federal military service upon a civilian while the nation is at war, but in a place within the jurisdiction of a state where hostilities are not present and where martial law has not been proclaimed, is not vested exclusively in a military court-martial by the Articles of War of 1916, and conviction and sentence of a soldier in such circumstances in the state court, are not void. So held where no demand for the culprit had been made upon the state by the military authorities. P. 385.

Affirmed.

The case is stated in the opinion.