United States v. Sanders

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

A special court-martial, sitting at Chitóse Air Base, in Japan, convicted the accused of sleeping on post, in violation of Article 113, Uniform Code of Military Justice, 50 USC § 707. The question presented by this appeal is whether the court-martial had jurisdiction of the offense.

If committed “in time of war” a violation of Article 113 is punishable by death, or such other punishment as a court-martial may direct. A special court-martial cannot try a capital case, except in accordance with regulations prescribed by the President of the United…