McElroy v. Guagliardo
361 U.S. 281 (1960)

Annotate this Case

U.S. Supreme Court

McElroy v. Guagliardo, 361 U.S. 281 (1960)

McElroy v. Guagliardo

No. 21

Argued October 21-22, 1959

Decided January 18, 1960*

361 U.S. 281

Syllabus

1. Article 2(11) of the Uniform Code of Military Justice, providing for the trial by court-martial of "all persons serving with, employed by or accompanying the armed forces" of the United States in foreign countries, cannot constitutionally be applied in peacetime to the trial of a civilian employee of the armed forces serving with the armed forces in a foreign country and charged with having committed a noncapital offense there. Kinsella v. Singleton, ante, p. 361 U. S. 234; Grisham v. Hagan, ante, p. 361 U. S. 278. Pp. 361 U. S. 282-287.

2. Article 2(11) is severable, and legal effect can be given to each category standing alone. P. 361 U. S. 283.

104 U.S.App.D.C. 112, 259 F.2d 927, affirmed.

167 F.Supp. 791 reversed.

Page 361 U. S. 282

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