United States v. Little

OPINION OF THE COURT

The appellant challenges the jurisdiction of the court-martial which convicted him of consensual sodomy contending that he can neither read nor write and that he was fraudulently enlisted. United States v. Russo, 23 U.S.C.M.A. 511, 50 C.M.R. 650, 1 M.J. 134 (1975).

*477In affirming appellant’s conviction, the Army Court of Military Review addressed the jurisdictional issue and held:

Without reciting at length a summary of the conflicting testimony contained in the record concerning the appellant’s illiteracy and whether he did in fact take the required written examinations, it…