United States v. Cox

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

A board of review affirmed the accused’s conviction by a special court-martial of sodomy, in violation of Article 125 of the Uniform Code of Military Justice, 10 USC § 925. In accordance with the provisions of Article 67 (b) (2) of the Uniform Code, 10 USC § 867, The Judge Advocate General of the Air Force certified the case to this Court to review the following issue: “May a rehearing on both findings and sentence be ordered before a special court-martial where the original hearing was before a general court-martial?”

As the certified question…