Carter v. Roberts,
177 U.S. 496 (1900)

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U.S. Supreme Court

Carter v. Roberts, 177 U.S. 496 (1900)

Carter v. Roberts

No. 570

Submitted April 9, 1900

Decided April 23, 1900

177 U.S. 496


Captain Carter, of the corps of engineers, in the army of the United States, was duly and regularly tried before a legally convened court-martial, was found guilty of the charges made against him, and was sentenced to dismissal; to be fined; to be imprisoned, and to publication of crime and punishment, and the sentence was duly approved and confirmed. On a motion in his behalf, the United States Circuit Court for the Second Circuit issued a writ of habeas corpus, to inquire into the matter, which resulted in the dismissal of the writ, and the remanding of Carter to custody. He took an appeal to the Circuit Court of Appeals for the Second Circuit, which affirmed the judgment below, and this Court denied an application for a writ of certiorari to review that judgment. An appeal and writ of error was allowed on the same day by a judge of the circuit court to this Court. Held that the appeal and writ of error could not be maintained, as they fall directly within the ruling in Robinson v. Caldwell, 165 U. S. 359, where it was held that the Judiciary Act of March 3, 1891, does not give a defeated party in a circuit court the right to have his case finally determined both in this Court and in the circuit court of appeals on independent appeals.

When cases arise which are controlled by the construction or application of the Constitution of the United States, a direct appeal lies to this Court, and if such cases are carried to the circuit courts of appeals, those courts may decline to take jurisdiction, or where such construction or application is involved with other questions, may certify the constitutional question and afterwards proceed to judgment, or may decide the whole case in the first instance. But when the circuit court of appeals has acted on the whole case, its judgment stands unless revised by certiorari to or appeal from that court in accordance with the Act of March 3, 1891.

These were motions to dismiss or affirm. The case is stated

in the opinion of the court.

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