United States v. Lee

BARR, Judge:

At an Article 39(a), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 839(a), session held on 20 October 1981, the appellant was arraigned on numerous charges which, although originally referred on 14 October, were not served on him until the day of this session. Appellant demanded his statutory three-day waiting period, as provided for in Article 35, UCMJ, 10 U.S.C. § 835, and trial was continued to reconvene on 29 October. Selection of forum was appropriately deferred.1 When the court reconvened on 28 October, appellant elected trial by military judge, which request was…