Legal Opinion · Concurring in part, dissenting in part

United States v. Frayer

United States Court of Military Appeals

Decided July 8, 1960No. 13,599Published

1Concurring in part, dissenting in partLatimer, Judge

(concurring in part and dissenting in part) :

I concur in part and dissent in part.

While I join the Chief Judge in holding that the questioned specification alleges the offense of communicating a threat, which issue I shall discuss more fully hereinafter, I must disagree with the majority’s conclusion that jurisdiction was wanting to try accused for such crimes as were committed during his prior enlistment.

In vew of the divergent approaches that have been taken by the respective Judges of this Court on jurisdictional issues, I see little value in discussing the question at any length. I do,…

2Cases cited14 opinions

  1. United States v. NorrisUnited States Court of Military Appeals · 1953
  2. United States v. HolidayUnited States Court of Military Appeals · 1954
  3. United States v. JohnsonUnited States Court of Military Appeals · 1953
  4. United States v. GallagherUnited States Court of Military Appeals · 1957
  5. United States v. WheelerUnited States Court of Military Appeals · 1959

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