Toth v. Quarles
A Death In Korea, A Gap In Jurisdiction
Audrey M. Toth
Donald A. Quarles, Secretary of the U.S. Air Force
That the U.S. District Court of Appeals erred in holding Robert Toth liable to prosecution under Article 3(a) of the Uniform Code of Military Justice.
Chief Lawyer for Appellant
William A. Kehoe, Jr.
Chief Lawyers for Appellee
Simon E. Sobeloff, Solicitor General; Lt. Col. Chester W. Wilson
Justices for the Court
Hugo Lafayette Black (writing for the Court), Tom C. Clark, William O. Douglas, Felix Frankfurter, John Marshall Harlan II, Earl Warren
Harold Burton, Sherman Minton, Stanley Forman Reed
Date of Decision
7 November 1955
The appeals court decision was reversed, allowing Toth to avoid prosecution.
The decision declared the 1950 Uniform Code of Military Justice to be unconstitutional, thus barring trials of civilians for crimes committed while in the armed forces.
- Bishop, Joseph W., Jr. Justice Under Fire: A Study of Military Law. New York: Charterhouse, 1974.
- "Crucial Case of Murder." Time, 31 August 1953, p. 10.
- Huston, Luther A. "Military Trial of Civilians Upheld For Major Crimes During Service." New York Times, 26 March 1954, p. 1.
- ------. New York Times, 7 November 1955, p. 1.
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