Humphrey, Warden, v. Smith (336 U.S. 695)
U.S. Supreme Court · decided April 25, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 695 · 69 S. Ct. 830
- Docket
- No. 457
- Argued
- March 30, 1949
- Decided
- April 25, 1949
- Term
- October Term 1948
- Vote
- 6–3
- Majority author
- Justice Black
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Frankfurter, Justice Reed, Justice Black (wrote)
- Dissenting
- Justice Douglas, Justice Rutledge, Justice Murphy (wrote)
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. The respondent, Bernard W. Smith, an American soldier, was convicted by an Army court-martial for rape of one woman and assault with intent to rape another in violation of the 92d and 93d Articles of War. 10 U. S. C. §§ 1564 and 1565. His punishment was dishonorable discharge, forfeiture of all pay and allowances, and imprisonment for life. Army reviewing authorities approved the conviction and sentence, but the President reduced the punishment to sixteen years’ imprisonment. This habeas corpus proceeding was brought in a District Court challenging the validity of the conviction. The District Court denied relief. 72 F. Supp. 935. The Court of Appeals reversed, ordering respondent’s discharge. 170 F. 2d 61. We granted certiorari because the petition raises questions concerning important phases of court-martial statutory powers and the scope of judicial review of court-martial convictions. We may at once dispose of the contention that the respondent should not have been convicted on the evidence offered. That evidence was in sharp dispute. But our authority in habeas corpus proceedings to review court-martial judgments does not permit us to pass on the guilt or innocence of persons convicted by courts-martial. It is contended that the court-martial was without jurisdiction to try respondent. If so the court-martial exceeded…
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