United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mullan v. United States, 212 U.S. 516 (1909)

Mullan v. United States

No. 82

Argued January 20, 1909

Decided February 23, 1909

212 U.S. 516

Syllabus

A commissioned officer in the Navy can waive the provisions of Art. 60 of § 1624, Rev.Stat., and allow proceedings of a court of inquiry to be evidence on a court-martial the sentence of which may extend to his dismissal; Schick v. United States, 195 U. S. 65; and, where at the request of such an officer, the Secretary of the Navy convenes a court-martial to try him on matter which had already been the subject of a court of inquiry, on condition that the proceedings of such court of inquiry be evidence, each party having the privilege, however, of introducing other evidence, the accused is not deprived of any substantial right so that the sentence of the court-martial is invalidated. Reduction by the President of the United States of the dismissal of an officer of the Navy from the service to reduction to one-half sea pay for five years is a mitigation of the sentence within the meaning of Art. 54 of § 1624, Rev.Stat. Quaere whether Art. 54 of § 1624 applies to the action of the President.

Civil courts are not courts of error to review sentences of legally organized

Page 212 U. S. 517

courts-martial having jurisdiction of the person of the accused and of the offense.

42 Ct.Cl. 157 affirmed.

The facts are stated in the opinion.