Collins v. McDonald, 258 U.S. 416 (1922)
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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.
Collins v. McDonald, 258 U.S. 416 (1922)
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Collins v. McDonald No. 150 Submitted March 2, 1922 Decided April 10, 1922 258 U.S. 416
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Syllabus
1. In a proceeding in habeas corpus on behalf of a person imprisoned under sentence of a court-martial, the inquiry must be limited to the jurisdiction of the court-martial over the offense charged and the punishment inflicted. P. 418.
2. To sustain the jurisdiction of a court-martial in a collateral attack by habeas corpus, the facts essential to it existence must appear. P. 418.
3. Taking property "from the presence of" another feloniously and by putting him in fear is equivalent to taking it from his personal protection, and is, in law, a taking from the person -- a robbery, as defined by § 284 of the Criminal Code. P 419.
4. It is not necessary that a charge in court-martial proceedings should be framed with the technical precision of a common law indictment. P. 420.
5. In habeas corpus, objections to a court-martial trial which are mere conclusions not supported by the record or concern merely errors in the admission of testimony cannot be considered. P. 420.
Affirmed.
Appeal from an order of the district court sustaining a demurrer to a petition for habeas corpus and refusing the writ.
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Chicago: U.S. Supreme Court, "Syllabus," Collins v. McDonald, 258 U.S. 416 (1922) in 258 U.S. 416 258 U.S. 417. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=SE7BNQM34P3FLV1.
MLA: U.S. Supreme Court. "Syllabus." Collins v. McDonald, 258 U.S. 416 (1922), in 258 U.S. 416, page 258 U.S. 417. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SE7BNQM34P3FLV1.
Harvard: U.S. Supreme Court, 'Syllabus' in Collins v. McDonald, 258 U.S. 416 (1922). cited in 1922, 258 U.S. 416, pp.258 U.S. 417. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=SE7BNQM34P3FLV1.
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