United States v. Houghtaling

Opinion of the Court

Paul W. Bkosman, Judge:

The four appellants, Houghtaling, Yambrick, Woods, and Storbakken, were convicted by general court-martial, following a joint trial, of the offense of rape, in violation of Article of War 92, 10 U. S. C. § 1564. The findings, and non-capital sentences have been approved by the convening authority and affirmed by a board of review. Petition for consideration by this Court was granted, limited to the following issues:

“1. Whether the trial in absentia of the accused Private First Class Gordon A. Storbakken was legal.

“2. Whether the evidence was…