United States v. Jenkins

*114Opinion of the Court

Darden, Judge:

Article 16, Uniform Code of Military-Justice, 10 USC § 816, provides in pertinent part that a general court-martial may consist of only a military judge:

“. . . [I]f before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves.

Paragraph 53cf(2)(6), Manual for Courts-Martial, United States, 1969 (Revised edition), requires that if trial by military judge alone is requested the military judge should…