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BARRETT v. LOONEY

No. 5758.

252 F.2d 588 (1958)

Eugene M. BARRETT, Appellant, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

February 18, 1958.

Attorney(s) appearing for the Case

Joseph P. Jenkins, Kansas City, Mo., for appellant.

Peter S. Wondolowski, Lieutenant Colonel, U. S. Army, Judge Advocate General's Corps, Washington, D. C. (William C. Farmer, U. S. Atty., Topeka, Kan., Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., and Cecil L. Forinash, Lieutenant Colonel, U. S. Army, Judge Advocate General's Corps, Washington, D. C., were with him on the brief), for appellee.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.

PER CURIAM.

This case presents a single question: Does one who enlists in the military while under lawful age for enlistment but who continues to voluntarily render military service after reaching the age of permissible enlistment thereupon become amenable to court-martial jurisdiction for offenses committed after such lawful age is attained?

Appeal is taken from the judgment of the District Court of Kansas holding that one who so serves becomes a member of...

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