United States v. O'Connor

DECISION

FORAY, Senior Judge:

The accused was convicted by a special court-martial, pursuant to his pleas, of wrongful use and possession of marihuana. He was sentenced to a bad conduct discharge, confinement at hard labor for six months, to forfeit $200.00 per month for six months, and to be reduced to the grade of airman basic.

The first of two errors assigned on appeal attacks the jurisdiction of the court-martial which tried and convicted the accused thusly:

THE COURT WHICH TRIED THE ACCUSED WAS WITHOUT JURISDICTION TO SIT, AS IT WAS NOT CONVENED BY AN OFFICER AUTHORIZED TO CONVENE…