COURTS-MARTIAL--JURISDICTION OVER PERSON DISCHARGED AND RE-ENLISTED FOR OFFENSE COMMITTED DURING PRIOR ENLISTMENT

Petitioner, a chief petty officer in the Navy was honorably discharged on March 26, 1946, and re-enlisted on the following day. In 1947, he was tried by court-martial and convicted of cruelty, during his prior period-of service, to persons subject to his orders. The District Court sustained his writ of habeas corpus on the ground that the court-martial had no jurisdiction; the Circuit Court of Appeals reversed. On certiorari to the Supreme Court of the United States, held, the court-martial had no jurisdiction to try petitioner for an offense committed prior to his discharge and re-enlistment.

United. States ex rel. Hirshberg v. Cooke, 336 U.S. 210, 69 S.Ct. 530 (1949).