10 U.S.C. § 1510
Applicability to Coast Guard
2002—Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
Notes of Decisions
Cited in 5
cases, 1933–1982 · leading case: United States v. Robert C. Thetford, 676 F.2d 170 (5th Cir. 1982).
United States v. Robert C. Thetford, 676 F.2d 170 (5th Cir. 1982). “A simple retaliatory threat is not covered by 10 U.S.C. § 1510 if there is “no basis whatever in the record for the jury to infer that the purpose of the [statement] was to deter future communications.”
United States v. Nichols, 2 C.M.A. 27 (1952). “” [Emphasis supplied] Article of War 39, 10 USC § 1510 , provided as follows: “Except for desertion or absence without leave committed in time of war, or for mutiny or murder, no person subject to military law shall be liable to be tried or punished by a court-martial for any…”
United States v. Meyer, 1 C.M.A. 164 (1952). “In the same section the following additional legislation was specified with like effect: Article of War 39,10 USCA § 1510, providing that wartime desertion should be subject to no period of limitation; Article of War 48, 10 USCA § 1519, which inter alia dispensed with…”
United States v. Hattley, 3 C.M.A. 114 (1953). “Winthrop in his Military Law and Precedents, Second Edition, Reprint 1920, at page 616, in discussing Article of War 39, 10 USC § 1510 , sets out the object of the Article.”
Terry v. United States, 2 F. Supp. 962 (W.D. Wash. 1933). “794 , 10 USCA § 1510) provides: “Except for desertion committed in time of war, or for mutiny or murder, no person subject to military law shall be liable to be tried or punished by a court-martial for any crime or offense committed more than two years before the arraignment of…”
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