United States v. Mitchell

Opinion of the Court

Quinn, Chief Judge:

After his conviction for a sexual assault, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934, the accused moved to vacate the findings of guilty and sentence, on the ground the method by which the enlisted members of the court-martial were selected arbitrarily excluded the lower ranks from consideration. The issue is the same as that raised in United States v Crawford, 15 USCMA 31, 35 CMR 3. Some differences in the evidence in the two cases merit mention.

It appears that initially the command which convened the court-martial…