United States Supreme Court Cases & Opinions

U.S. Supreme Court

Fowler v. Wilkinson, 353 U.S. 583 (1957)

Fowler v. Wilkinson

No. 620

Argued April 30, 1957

Decided June 3, 1957

353 U.S. 583

Syllabus

1. After a general court-martial had convicted a soldier of the two separate crimes of premeditated murder and attempted rape and had imposed an aggregate sentence of life imprisonment for both offenses, an Army Board of Review, after setting aside the conviction on the murder charge, had authority, under Article 66(c) of the Uniform Code of Military Justice, to reduce the sentence to the maximum sentence for attempted rape. Jackson v. Taylor, ante, p. 353 U. S. 569. Pp. 353 U. S. 583-585.

2. In a habeas corpus proceeding, a civil court may not revise a sentence imposed on a soldier by military authorities after his conviction by court-martial, on the ground that the sentence is arbitrarily severe. Carter v. McClaughry, 183 U. S. 365, followed. United States v. Voorhees, 4 U.S.C.M.A. 509, 16 C.M.R. 83, distinguished. Pp. 353 U. S. 584-585.

3. The action of the Board of Review in adjusting the sentence does not deprive the accused of any right of appellate review. P. 353 U. S. 585.

234 F.2d 615 affirmed.