United States v. Harris

OPINION OF THE COURT

WILLIAMS, Judge:

Appellant argues for the first time on appeal his general court-martial was without jurisdiction to try him.1 This contention is based on appellant’s belief that the effect of the trial judge’s order, “These proceedings are abated.”, was to bring the proceedings to an end, terminate the court-martial’s jurisdiction over the offense and the appellant, and require rereferral of the charges by the convening authority to another court-martial before trial could proceed.

The events which led to the trial judge’s order began on 8 May 1986, the day before…