United States v. Bancroft

Opinion of the Court

GEORGE W. Latimer, Judge:

This case is before us on certificate from The Judge Advocate General, United States Navy, requesting that we determine whether the special court-martial which convicted the accused had jurisdiction to hear the cause. The question becomes important for the reasons hereinafter set forth.

The accused was tried by special court-martial at Ichon-ni, Korea, on May 8, 1952, for sleeping on post, in violation of Article 113 of the Uniform Code of Military Justice, 50 USC § 707. He pleaded not guilty but was. found guilty of the charge and specification and…