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UNITED STATES v. SMITH

No. 184.

197 U.S. 386 (1905)

25 S.Ct. 489

49 L.Ed. 801

UNITED STATES v. SMITH.

Supreme Court of United States.

Decided April, 3, 1905.

Attorney(s) appearing for the Case

Mr. Edwin P. Hanna, Solicitor of the Navy Department, and Mr. Assistant Attorney General Pradt, with whom Mr. Special Attorney Felix Brannigan was on the brief, for the United States.

Mr. John Spalding Flannery, with whom Mr. Frederick D. McKenney was on the brief, for appellee.

MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

Article 43 of section 1624 of the Revised Statutes, upon which the Court of Claims based its legal conclusion that the action of the court-martial in question was void because the charge and specification were not served upon the claimant at the time of the original arrest, reads as follows: "The person accused shall be furnished...

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