United States v. Smith

Opinion of the Court

FERGUSON, Judge:

The-aceused was convicted by general court-martial, convened at Ramey Air Force Base, Puerto.Rico, of one specification of carnal knowledge of a female under sixteen years of age, not his wife, at divers times between October 5 and December 14, 1968, in violation of Article 120, Uniform Code of Military Justice, 10 USC § 920. We granted review to determine the validity of the accused’s conviction in light of the Supreme Court’s decision in O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969).

This case differs from that which pertained in…