United States v. Brown

Opinion of the Court

Duncan, Judge:

At the request of counsel for both sides these cases have been consolidated inasmuch as they present essentially the identical question. In each, the Court of Military Review held that the court-martial was without jurisdiction to proceed because of an error in the written request for trial by military judge alone. United States v Dean, 20 USCMA 212, 43 CMR 52 (1970); United States v Rountree, 21 USCMA 62, 44 CMR 116 (1971). The Judge Advocate General of the Army has, by certificate to this Court, questioned the correctness of these decisions.

A copy of the…