United States v. Huff

19 C.M.A. 56, 19 USCMA 56, 41 C.M.R. 56, 1969 CMA LEXIS 650, 1969 WL 6279

Opinion

Opinion of the Court

PER Curiam:

The accused was convicted by a special court-martial of various acts of misconduct directed against other members of the armed forces. He contends that since the offenses were committed in the civilian community and are cognizable in a civilian court they are not triable by court-martial under O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969).

Assaults and other injuries by one member of the armed forces against another are acts having military significance and are, therefore, not within the constitutional limitation on court-martial jurisdiction expounded in the O’Callahan case. United States v Plamondon, 19 USCMA 22, 41 CMR 22. The decision of the board of review is affirmed.