United States v. King

Opinion of the Court

GEORGE W. LatimeR, Judge:

The facts in this case show a deceitful and fantastic scheme and, while the accused defrauded the United States Government, the issue before us is whether jurisdiction to try him for his offenses vested in a military court. We express no opinion as to the right of the Government to proceed in other forums, but we are constrained to hold that the accused was not triable by a court-martial.

Briefly stated, the facts disclose that on February 18, 1958, accused, then a Private E-l, was separated from the Army by means of an undesirable discharge, and he…