United States v. Busby

GREGORY, Judge:

By its order of 4 March 1977, the United States Court of Military Appeals vacated the prior decision of this Court in this case, United States v. Busby, No. 76 0295 (NCMR 28 July 1976), and remanded the record of trial for further consideration of the issue of court-martial jurisdiction in light of its subsequent decisions in United States v. Hedlund, 25 U.S.C.M.A. 1, 54 C.M.R. 1, 2 M.J. 11 (1976), and United States v. McCarthy, 25 U.S.C.M.A. 30, 54 C.M.R. 30, 2 M.J. 26 (1976).

Appellant was tried by a general court-martial military judge, sitting alone. Contrary to his pleas,…