United States v. Marcy

Opinion of the Court

Robert E. Quinn, Chief Judge:

This case is before the Court on a certificate from The Judge Advocate General of the Navy. It involves the same issue as that in the case of United States v. May, (No. 241), 1 USCMA 174, 2 CMR 80, decided this date. Our decision in the May case determines the issue here certified.

The accused in this case was convicted upon trial by special court-martial. The findings and sentence were approved by the convening authority and the officer exercising general court-martial, jurisdiction, and thereafter affirmed. by a board of review in the Office…