United States v. Koke

MITCHELL, Senior Judge:

Before this court in the normal course of review, appellant asserts, inter alia, that the convening authority improperly withdrew from a prior general court-martial the involuntary manslaughter charge of which he stands convicted. We agree but, finding no prejudice, we affirm.

Appellant was first arraigned at a general court-martial on 23 January 1989 in Korea for fatally shooting another Marine on 24 October 1988 (Charge I) and for pointing a loaded rifle at a Korean Air Force private on three occasions between 18 and 21 October 1988 (Charge II). At the time of the…