United States v. Pells

Opinion of the Court

FLETCHER, Chief Judge:

Subsequent to his affirmed conviction1 by special court-martial of a single specification alleging a lewd and lascivious act, we entertained appellant’s petition for review on two grounds:

I

WHETHER THE MILITARY LACKED JURISDICTION OVER APPELLANT ON 23 AUGUST 1976 AND THE VACATION OF HIS SUSPENDED SENTENCE ON THAT DATE SHOULD BE DECLARED A NULLITY.

II

WHETHER THE PLEA OF GUILTY WAS IMPROVIDENT UNDER THE STANDARDS ESTABLISHED IN UNITED STATES V. CARE, 18 U.S.C.M.A. 535, 40 C.M.R. 247 (1969).

The appellant contends that the supervisory authority was without…