Legal Opinion
United States v. Wright
United States Court of Military Appeals
Decided May 15, 1978No. 33,614; CM 434128PublishedCited by 46 opinions
1Opinion of the Court
Opinion of the Court
COOK, Judge:
We hold that the judge abused his discretion in denying a defense motion to withdraw an accepted request for trial by judge alone. We also hold that military law does not preclude prosecution of burglary of an automobile, as conduct proscribed by Texas Penal Code § 30.04 (1974), and made cognizable as an offense within the Federal Assimilative Crimes Act, 18 U.S.C. § 13, that was triable by court-martial as a violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.
I
The Motion to Withdraw the Request for Trial by Judge Alone
The accused and…
2Cases cited12 opinions
- Rinaldi v. United StatesSupreme Court of the United States · 1977
- United States v. SharpnackSupreme Court of the United States · 1958
- United States v. NorrisUnited States Court of Military Appeals · 1953
- United States v. BorysUnited States Court of Military Appeals · 1969
- United States v. RoweUnited States Court of Military Appeals · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States v. WheelerUnited States Air Force Court of Criminal Appeals · 2017
- United States v. KickUnited States Court of Military Appeals · 1979
- United States v. JeanbaptisteUnited States Court of Military Appeals · 1978
- United States v. BradleyUnited States Court of Military Appeals · 1979
- United States v. McGuinnessUnited States Court of Military Appeals · 1992
41 more not listed; retrieve them via the Exa API.