Legal Opinion

Kenneth N. Juhl v. The United States

United States Court of Claims

Decided October 13, 1967No. 353-65PublishedCited by 14 opinions

1Opinion of the Court

OPINION

NICHOLS, Judge *

This is an action by Sergeant Juhl, an enlisted career man in the Air Force, to recover back pay and forfeitures he has lost as a result of his conviction, after trial, by a General Court Martial. His counsel asserts on his behalf that the conviction was contrary to the constitution and invalid on several grounds. We hold that the court martial lacked jurisdiction to convict because it was prohibited from so doing by Section 153a, Manual For Courts-Martial, 1951, which declares that “a conviction cannot be based” upon the “uncorroborated testimony of a purported…

2Cases cited35 opinions

  1. Thompson v. City of LouisvilleSupreme Court of the United States · 1960
  2. Burns v. WilsonSupreme Court of the United States · 1953
  3. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  4. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1966
  5. In Re GrimleySupreme Court of the United States · 1890

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3Cited by14 opinions

  1. United States v. AugenblickSupreme Court of the United States · 1969
  2. William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  3. O'Callahan v. United StatesUnited States Court of Claims · 1971
  4. Harold H. Gearinger, as of the Estate of Royal Barry Shaw v. The United StatesUnited States Court of Claims · 1969
  5. Denzil R. Allen v. Rolland F. Vancantfort, Etc.Court of Appeals for the First Circuit · 1971

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