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...Veteran Robert Toth was arrested by air police in Pittsburgh in 1953 and flown to Korea to stand trial on a charge of murder committed while he was in the Air Force (TIME, Aug. 31, 1953). Before the court-martial could be called, however, the Air Force was forced to return him to the U.S., and Toth was released under a writ of habeas corpus. His case, a test of the military's authority over some 21 million living veterans, is pending before the Supreme Court...

Author: /time Magazine | Title: ARMED FORCES: Natives' Return | 8/8/1955 | See Source »

...Flight Plan. In Green Bay, Wis., State Reformatory Inmate Robert Toth, 18, volunteered for civil defense ground observer duty, quickly abandoned his midnight post to sneak to the reformatory plumbing shop, put together 20 feet of pipe sections, scaled the wall and disappeared into the night...

Author: /time Magazine | Title: Miscellany, Apr. 25, 1955 | 4/25/1955 | See Source »

...Serviceman Bob Toth, flown back to Korea to face an Air Force court-martial for murder, was returned because...

Author: /time Magazine | Title: NATIONAL AFFAIRS,INTERNATIONAL & FOREIGN,SQUALLS IN THE MEDITERRANEAN,OBIT,OTHER EVENTS,SJPEli it OUf: (THIS TEST COVERS THE PERIOD FROM LATE JUNE THROUGH MID-OCTOBER 1953) | 10/26/1953 | See Source »

Order to Return. While Toth was being yanked back to Korea, his family hired Pittsburgh Attorney Anthony McGrath, who sued for a writ of habeas corpus. The Air Force, McGrath insisted, had no right to take Toth into custody. He had been arrested without a warrant, moreover, and spirited out of the country with no hearing before a competent civilian authority. The Air Force claimed the authority of Article 3a of the Uniform Code of Military Justice, which states that former servicemen who committed major crimes while in military service "shall not be relieved from amenability to trial by courts...

Author: /time Magazine | Title: National Affairs: A Crucial Case of Murder | 8/31/1953 | See Source »

...case poses a crucial point. If the Uniform Code is constitutional, it could conceivably mean that in the future no ex-serviceman will be wholly beyond the reach of military justice. On the other hand, if Toth wins his freedom from the Air Force, he will probably never stand trial, since the case is clearly outside the jurisdiction of any civil court. For Toth, a long series of courtroom struggles and appeals lies ahead, and the end could bring him anything from scot-freedom to death before a firing squad...

Author: /time Magazine | Title: National Affairs: A Crucial Case of Murder | 8/31/1953 | See Source »

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