United States v. Borys

Opinion of the Court

Ferguson, Judge:

In this case, we are confronted with the question of the validity of accused’s conviction by general court-martial in Georgia, in light of the Supreme Court’s recent decision in O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969).

The offenses with which we are here concerned all occurred off-post in the civilian homes of the victims, located variously in Augusta, Georgia; North Augusta, South Carolina; and Aiken, South Carolina. They occurred during accused’s off-duty hours or when he was on leave, involved purely civilian female victims,…