United States v. Respess

I dissent.

If two different accused rob the same store on the same day but at different times and there is no evidence that they acted in concert, can it reasonably be contended that they could lawfully be charged in the same indictment and tried together? Cf. Rules 8 and 13, Federal Rules of Criminal Procedure.1 See United States v Davis, 14 USCMA 607, 34 CMR 387 (1964). How, then, can it be held, as in this case, that the law officer did not err when he denied a defense request to grant a separate trial for this accused? Respess and Hilburn were tried in common, on order of the convening…