Trop v. Dulles

356 U.S. 86 (1958)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1944, P was a private in the United States Army, serving in French Morocco. On May 22, he escaped from a stockade at Casablanca, where he had been confined following a previous breach of discipline. The next day P and a companion were walking along a road towards Rabat, in the general direction back to Casablanca, when an Army truck approached and stopped. P boarded the truck willingly and that no words were spoken. In Rabat, P was turned over to military police. P was charged with 'desertion.' He had been gone less than a day and had willingly surrendered to an officer on an Army vehicle while he was walking back towards his base. P testified that at the time he and his companion were picked up by the Army truck, 'we had decided to return to the stockade. The going was tough. We had no money to speak of, and at the time we were on foot and we were getting cold and hungry.' P was convicted of desertion and sentenced to three years at hard labor, forfeiture of all pay and allowances, and a dishonorable discharge. In 1952, P applied for a passport and was denied Section 401 (g) of the Nationality Act of 1940. P had lost his citizenship by reason of his conviction and dishonorable discharge for wartime desertion. In 1955, P sought a declaratory judgment that he is a citizen. Dulles' (D), the government, motion for summary judgment was granted, and the Court of Appeals affirmed. The Supreme Court granted certiorari.