United States v. Peterson

Opinion of the Court

Quinn, Chief Judge:

By divided vote, the United States Air Force Court of Military Review held that a court-martial could not try the accused for making and uttering a number of checks, with intent to defraud, in violation of Article 123a, Uniform Code of Military Justice, 10 USC § 923a. The checks were issued in the State of California which defines the act as a crime in substantially the same terms of Article 123a. The Court of Military Review concluded that the exercise . of court-martial jurisdiction was prohibited by O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89…