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Legal Opinion

United States v. White

United States Court of Military Appeals

Decided August 11, 1972No. 25,201PublishedCited by 26 opinions

1Opinion of the Court

Opinion of the Court

Duncan, Judge:

The appellant contends that since four enlisted men served on the court-martial which tried and convicted him, the court was without jurisdiction to proceed for the reason that their presence was not as the result of his personally written request as required by Article 25, Uniform Code of Military Justice, 10 USC § 825. We agree with that contention.

Article 25(c)(1), Code, supra, provides in pertinent part:

“Any enlisted member of an armed force on active duty who is not a member of the same unit as the accused is eligible to serve on general and special…

2Cases cited8 opinions

  1. McClaughry v. DemingSupreme Court of the United States · 1902
  2. United States v. DeanUnited States Court of Military Appeals · 1970
  3. United States v. RobinsonUnited States Court of Military Appeals · 1963
  4. United States v. HarnishUnited States Court of Military Appeals · 1961
  5. United States v. RountreeUnited States Court of Military Appeals · 1971

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3Cited by26 opinions

  1. United States v. LarneardUnited States Court of Military Appeals · 1977
  2. United States v. TownesCourt of Appeals for the Armed Forces · 2000
  3. United States v. BrandtUnited States Court of Military Appeals · 1985
  4. United States v. BrookinsU.S. Army Court of Military Review · 1991
  5. United States v. YaulU S Air Force Court of Military Review · 1978

21 more not listed; retrieve them via the Exa API.

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