United States Court of Military Appeals, 1963

United States v. McAndrews

United States v. McAndrews
United States Court of Military Appeals · Decided December 20, 1963
14 C.M.A. 327; 14 USCMA 327; 34 C.M.R. 107; 1963 CMA LEXIS 169; 1963 WL 4766
United States v. McAndrews

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Opinion of the Court

Opinion of the Court

PER CURIAM:

The accused was convicted of intentionally inflicting grievous bodily harm upon a fellow soldier, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. At the time of the offense, and at trial, he was seventeen years of age. In United States v Baker, 14 USCMA 311, 34 CMR 91, we held that, notwithstanding the provisions of the Federal Juvenile Delinquency Act, 18 USC § 5031, military personnel of the accused’s age are subject to trial and conviction by court-martial for offenses in violation of the Uniform Code.

The decision of the board of review is affirmed.

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