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eBook details

• Title: State v. Hansen
• Author : Supreme Court of Wyoming
• Release Date : January 14, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

In State ex rel. Pearson v. Hansen, Wyo., 401 P.2d 954, we held that the Governor had exceeded his power in undertaking, under the provisions of § 9-19, W.S. 1957, to remove George O. Pearson from the office of Adjutant General of the Wyoming National Guard and that the Wyoming Constitution and the provisions of Title 19, Chapter 2, Wyoming Statutes, 1957, were sufficiently definite and complete to permit the Adjutant General to be removed for cause by court-martial or efficiency board. Thereafter, relator petitioned this court for a writ of prohibition, alleging the filing the court-martial charges and specifications against him and an order purporting to convene a general court-martial for his trial, and asserting its lack of jurisdiction. We found that relator had made no showing of his right to issuance and denied the preliminary writ. Relator now presents a second petition for writ of prohibition, alleging the aforementioned circumstances, the subsequent convening of the court-martial, and the denial of his objection to its jurisdiction by the law officer. He now asserts that for various reasons the court-martial has no jurisdiction of his person or the subject matter and again seeks a writ of prohibition to halt further proceedings. He argues that the trial by court-martial deprives him of his constitutional safeguards, that the Wyoming legislature has not adopted the Uniform Code of Military Justice and that the court-martial consequently lacks jurisdiction to try him on the charges lodged.

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