G.R. No. L-1105, November 26, 1902
In the matter of the petition of R.W. CARR, ET AL. for a writ of habeas corpus.

FACTS:
An application for a writ of habeas corpus was filed on behalf of R.W. Carr and three others, who were members of the United States Marine Corps detained in the guardhouse at Cavite. The detention was ordered by their commanding officer based on allegations that they had committed an offense in violation of military laws and regulations. The petitioners claimed that the offense also violated civil law, that they had initially been arrested by local civil authorities in Cavite, and that due to the insecurity of the local jail, they were transferred to military custody. They argued that they were being held as civil prisoners by the military without a warrant, awaiting trial by civil authorities.

ISSUE:
Whether the detention of the petitioners by military authorities is illegal, considering they are alleged to have committed an offense punishable under both military and civil law, and that they were initially arrested by civil authorities.

RULING:
The Supreme Court denied the application for the writ of habeas corpus. The Court held that when a soldier commits an offense that is amenable to both military and civil jurisdiction, the military authorities, having custody of the accused, may either try the individual by court-martial or surrender them to the civil courts for trial. The fact that the military agreed to eventually turn over the petitioners to the civil courts does not strip the military of its jurisdiction to detain and try them prior to such surrender. Consequently, since the marine authorities had jurisdiction over the petitioners at the time of the application, their detention was not illegal. The denial was with costs de oficio.