United States v. Emerson

BAUM, Senior Judge.

Appellant has assigned one error before this Court, that:

THE COURT-MARTIAL WAS JURIS-DICTIONALLY DEFECTIVE BECAUSE IT INCLUDED A COURT MEMBER NOT FROM THE NAVAL SERVICE.

The convening order for appellant’s special court-martial appointed five officer-members, four from the U. S. Navy and U. S. Naval Reserve and one from the U. S. Coast Guard. Appellant argues that “[t]he record does not even hint, let alone show, that authority to appoint a Coast Guard officer was sought or obtained [pursuant to the requirements of paragraph 4g(3), Manual for Courts-Martial, 1969 (Rev.)].”…