Gosa v. Mayden

In O’Callahan v. Parker, 395 U. S. 258, decided June 2, 1969, this Court, by a 5-3 vote, held that when a person in military service is charged with a crime that is not “service connected,” id., at 272, the defendant is entitled, despite his military status, to the benefit of “two important constitutional guarantees,” id., at 273, *668namely, indictment by a grand jury1 and trial by jury in a civilian court.

The Court noted that O’Callahan was “properly absent from his military base when he committed the crimes with which he is charged,” ibid.; that there was no connection between his military…