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UNITED STATES EX REL. JACOBS v. FROEHLKE

No. 71-2065.

481 F.2d 540 (1973)

UNITED STATES ex rel. Daniel JACOBS, Appellant, v. Honorable Robert F. FROEHLKE, Secretary of the Army, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1973.

Attorney(s) appearing for the Case

Stephen L. Fine, New York City, with whom Gary H. Simpson, Bethesda, Md., was on the brief, for appellant.

James A. Fitzgerald, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and David M. Bullock, Asst. U. S. Attys., were on the brief, for appellees.

Before LEVENTHAL and ROBB, Circuit Judges, and CHARLES R RICHEY, United States District Judge of the United States District Court for the District of Columbia.

CHARLES R. RICHEY, District Judge:

Appellant was a member of the United States Army stationed at Fort Buckner in Okinawa. He was charged by the Army with five specifications (counts) of violation of Article 120 of the Uniform Code of Military Justice, 10 U.S.C. § 920, in that, at various times between August 5 and 9, 1971 he did "commit the offense of carnal knowledge" with three different girls, all of whom were under sixteen and were civilian dependents of...

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