Legal Opinion · Dissent

United States v. Price

Court of Appeals for the Armed Forces

Decided July 7, 1998No. 97-0216; Crim.App. No. 9401505Published

1DissentSullivan, Judge

I agree with the appellate court below. 43 MJ 823, 826.

An arraignment occurred here, albeit an incomplete arraignment within the meaning of RCM 904, Manual for Courts-Martial, United States (1994 ed.), which states:

Rule 904. Arraignment

Arraignment shall be conducted in a court-martial session and shall consist of reading the charges and specifications to the accused and calling on the accused to plead. The accused may waive the reading.

Discussion

Arraignment is complete when the accused is called upon to plead; the entry of pleas is not part of the arraignment.

When authorized by regulations of…

2Cases cited2 opinions

  1. United States v. JetteUnited States Court of Military Appeals · 1987
  2. United States v. PriceArmy Court of Criminal Appeals · 1996

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