United States v. Player

DECISION

Appellate contends that the substitution of one officer for another as a member of this court was not the act of the commanding officer and, as a result, that the court lost jurisdiction and its judgment is void. We do not accept this conclusion.

Trial herein commenced on 13 June 1974 with the usual Article 39(a), 10 U.S.C. § 839(a) session before the military judge without the presence of the appointed members. A continuance was granted to enable the accused to obtain representation by an individual defense counsel. The trial began anew on 2 July 1974 with another Article 39(a)…