
    UNITED STATES, Appellee v WILLIAM E. WATERS, Private, U. S. Army, Appellant
    14 USCMA 323, 34 CMR 103
    No. 16,963
    December 20, 1963
    
      Colonel Joseph L. Chalk, Captain Gary G. Keltner, and Captain Ronald L. Gainer were on the brief for Appellant, Accused.
    
      Lieutenant Colonel Francis M. Cooper and Captain Otis D. Chapoton were on the brief for Appellee, United States.
   Opinion of the Court

PER CuRIAm:

This seventeen-year-old accused was convicted of a number of offenses in violation of the Uniform Code of Military Justice, including assault with a dangerous weapon, wrongful appropriation of a motor vehicle, wilful disobedience, and disrespect to superior noncommissioned officers. He was sentenced to a dishonorable discharge, total forfeitures, and confinement at hard labor for one year. A board of review affirmed the findings of guilty but reduced the dishonorable discharge to a bad-conduct discharge.

The question on this appeal is whether because of his age the accused should have been proceeded against in the Federal district court as a juvenile delinquent, rather than tried by court-martial. We considered, and decided, the issue adversely to the accused in United States v Baker, 14 USCMA 311, 34 CMR 91. Accordingly, the decision of the board of review is affirmed.  