UNITED STATES, Appellee v. DANNY L. MURPHY, Seaman Apprentice, U. S. Navy, Appellant

UNITED STATES, Appellee v DANNY L. MURPHY, Seaman Apprentice, U. S. Navy, Appellant 16 USCMA 245, 36 CMR 401 No. 19,199 April 29, 1966 Major Ernest B, Wright, USMC, argued the cause for Appellant, Ac-cased. Captain John P. Gleeson, USN, was on the pleadings for Appellant, Accused. Commander Walter F. Brown, USN, argued the cause for Appellee, United States. Colonel J. E. Eanthorn, USMC, and Lieutenant Jean E. Van Slate, USNR, were on the pleadings for Appellee, United States. [MAJORITY — Quinn, Chief Judge:] Opinion of the Court Quinn, Chief Judge: At issue in this ease is the authority of Head, Military Personnel Department, U. S. Naval Station, Treasure Island, San Francisco, California, to convene the special court-martial whieh tried the accused. Except for the location of the Naval Station, the jurisdictional facts are the same as those in United States v Surtasky, 16 USCMA 241, 36 CMR 397. For the reasons set out in our opinion in that case, we hold that the convening authority was competent to convene the court-martial which tried the accused. Accordingly, the decision of the board of review is affirmed. Judges Ferguson and Kilday concur.