United States v. Clarke

DECISION

HODGSON, Chief Judge:

This is an appeal by the United States under Article 62, U.C.M.J., 10 U.S.C. § 862, from the trial judge’s ruling dismissing a rape allegation for lack of jurisdiction. We reverse the lower court’s ruling and remand for further proceedings.

The alleged victim is the spouse of an Air Force member stationed at Pope Air Force Base, North Carolina, and the incident is purported to have occurred some nine miles away in a civilian trailer park. At the time in question the husband was on temporary duty in Europe. Both the accused and the prosecutrix’s husband were…