United States v. Smith

Opinion of the Court

Kilday, Judge:

The question presented by this appeal is whether the Commander, Headquarters, 1405th Aeromedical Transport Wing (Scott Air Force Base, Illinois), was authorized to order the present rehearing of the appellant or was he foreclosed therefrom by the action of Commanding General, 1st Strategic Aerospace Division (Yandenberg Air Force Base, California), the original convening authority.

This is a case of first impression and resulted from our previous reversal of the appellant’s conviction of charges of housebreaking and offering violence to his superior officer,…