United States v. Delp

OPINION OF THE COURT

JONES, Senior Judge:

I

The appellant requested that soldiers in the grade of Private be detailed as members of the general court-martial trying him for premeditated murder (referred as a capital case).1 This was not done. Appellant argued at trial and now argues before this Court that the denial of his request was error. We disagree and we affirm.

The appellant initially contended that the command had systematically excluded lower ranking enlisted persons from court-martial membership. After a recess to obtain evidence supporting or refuting the contention, the parties…