Toth, United States Ex Rel., v. Quarles 350 U.S. 11 (1955)

Author:Kenneth L. Karst
Pages:2710
 
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Page 2710

Five months after his honorable discharge from the Air Force, Toth was charged with committing murder while on active duty in Korea. Taken to Korea for trial by court martial, Toth sought HABEAS CORPUS in a DISTRICT OF COLUMBIA court. On APPEAL, the Supreme Court held, 6?3, that a civilian was entitled to TRIAL BY JURY in a civilian court established under Article III; court-martial JURISDICTION was constitutionally limited to actual members of the armed forces.

KENNETH L. KARST

(1986)

(SEE ALSO: Judicial Power; Military Justice.)

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