United States v. Cox

I dissent.

Conceding the validity in their sphere of the civil authorities cited by the Chief Judge, I believe they have no application to a determination of the issue whether a case originally tried by general court-martial may thereafter be reheard before a special court-martial. In my opinion, resolution of this question depends solely upon the intent of Congress in enacting Uniform Code of Military Justice, Article 63, 10 USC § 863. The legislative history of that statute leads inevitably to the conclusion that a rehearing must be conducted before a tribunal of the same rank as the…