Robert W. Burns v. Charles E. Wilson

346 U. S. 137. Rehearing denied. Separate opinion filed by Mr. Justice Frankfurter.

Opinion of

Mr. Justice Frankfurter.

Further study and reflection have reinforced the conviction I expressed last June — and on even broader grounds than I then indicated — that this case should be set down for reargument. Fundamental issues which have neither been argued by counsel nor considered by the Court are here involved. On such important questions, the military authorities, the bar, and the lower courts (including the Court of Military Appeals) ought not to be left with the inconclusive determination…