UNITED STATES EX REL. HIRSHBERG v. COOKE

No. 231.

336 U.S. 210 (1949)

UNITED STATES EX REL. HIRSHBERG v. COOKE, COMMANDING OFFICER.

Supreme Court of United States.

Decided February 28, 1949.


Attorney(s) appearing for the Case

John J. O'Neil argued the cause for petitioner. With him on the brief was Harold Rosenwald.

Peyton Ford, The Assistant to the Attorney General, argued the cause for respondent. With him on the brief were Solicitor General Perlman, Robert W. Ginnane, Robert S. Erdahl and Philip R. Monahan.


MR. JUSTICE BLACK delivered the opinion of the Court.

This case raises important questions concerning the statutory jurisdiction of general courts-martial of the Navy.

In 1942 the petitioner was serving a second enlistment in the Navy. Upon the surrender of the United States forces on Corregidor petitioner became a war prisoner of Japan. After liberation in September, 1945, petitioner was brought back to the United States and hospitalized. He was restored...

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