United States v. Boone

OPINION OF THE COURT

FULTON, Senior Judge:

On this, the second conviction of the appellant that we have reviewed during his enlistment, the appellant contends that courts-martial are without jurisdiction over him because his enlistment to avoid civilian charges was involuntary and was also void because it was accomplished with the fraudulent assistance of the recruiting sergeant. In addition, he contends that no constructive enlistment arose because he never thereafter voluntarily submitted to military authority.

We hold that appellant is subject to court-martial jurisdiction on each of two…