United States v. Rodriguez

Opinion of the Court

Paul W. BROSMAN, Judge:

This case, like United States v. Ornelas (No. 446), 6 CMR 96, decided this day, involves an issue of .jurisdiction based upon petitioner’s claim that he was not at any .time legally inducted into the United States Army. Petitioner was brought to trial by general court-martial on a charge of desertion, based on an alleged unauthorized absence from August 22, 1943, to July 26, 1951. Prior to arraignment, defense counsel challenged the jurisdiction of the court on the theory that the accused, a Mexican citizen, had not been lawfully inducted into the…