19 C.M.A. 69 | United States Court of Military Appeals | 1969
Opinion of the Court
The accused was convicted by general court-martial, convened in the Federal Republic of Germany, of the unpremeditated murder of a Canadian soldier. He was sentenced to dishonorable discharge, total forfeitures, and confinement at hard labor for thirty years. Intermediate appellate; authorities affirmed the findings and' sentence without change. We granted review to determine the validity of the accused’s conviction in light of the Supreme Court’s decision in O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969).
In United States v Keaton, 19 USCMA 64, 41 CMR 64, we held that all offenses coming within the purview of the Uniform Code of Military Justice committed in a foreign country were triable by court-martial in that country. See also United States v Easter, 19 USCMA 68, 41 CMR 68. For the reasons stated in those opinions, equally applicable here, the constitutional limitations on court-martial jurisdiction referred to in O’Callahan v Parker, supra, do not: deprive a court-martial of jurisdiction when trial is held in a foreign, country.
The decision of the board of review is affirmed.