United States v. Cunningham

BAUM, Judge:

Appellant, citing United States v. Fife, 20 U.S.C.M.A. 218, 43 C.M.R. 58 (1970), has summarily assigned as error that the court-martial lacked jurisdiction because appellant did not submit his request to be tried by military judge until after findings. In this case the judge, during an Article 39(a), 10 U.S.C. § 839(a) session, accepted appellant’s plea of guilty and entered findings as authorized by paragraph 53d, Manual for Courts-Martial, United States, 1969 (Revised edition), and Section 0113, JAG Manual. Thereafter, but still prior to assembly of the court, the judge advised…