United States v. Tucker

Opinion of the Court

EVERETT, Chief Judge:

After a charge and specification alleging unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886, was referred to a special court-martial for trial, appellant successfully moved for dismissal because of lack of speedy trial. The Government then appealed the military judge’s ruling to the Court of Military Review pursuant to Article 62 of the Uniform Code, 10 U.S.C. § 862. There the Government’s appeal was upheld; the ruling of the military judge was reversed; and the charge and specification were ordered…