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U. S. v. Guy W. Capps, Inc.

Published online by Cambridge University Press:  30 March 2017

William W. Bishop Jr.
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Type
Judicial Decisions
Information
American Journal of International Law , Volume 48 , Issue 1 , January 1954 , pp. 153 - 155
Copyright
Copyright © American Society of International Law 1954

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References

1 See also U. S. v. Rodriguez, 6 Ct. Mar. Repts. 101 (U. S. Ct. Mil. App., Dec. 31, 1952), affirming the conviction for desertion from the IT. S. Army of a Mexican citizen drafted in 1943 after long residence in the United States. The court rejected defendant's argument that he had been illegally drafted since he had not been informed of an executive agreement of Jan. 22, 1943, between the United States and Mexieo, Ex. Agr. Ser. 323, under which nationals of either country drafted by the other should be released for service with the forces of their own country if the latter so requested, saying “under the terms of the Executive Agreement, it was not his, but rather his country's prerogative to obtain his release from American induction processes in order that he might serve with the Mexican armed forces.” This appeared to be the clear construction of the agreement made between the United States and Mexico as co-belligerents.