United States v. Lynch

OPINION OF THE COURT

Quinn, Judge:

The Army Court of Military Review set aside the accused’s conviction for unauthorized absence and dismissed the charge on the ground that he had previously been tried for, and acquitted of, the same offense. The Judge Advocate General certified the case to this Court to review the correctness of that decision.

In February 1971, the accused, described as a member of Special Processing Detachment, Headquarters Command, U. S. Army Field Artillery Center and Fort Sill, was arraigned before a general court-martial, composed of a military judge without court members,…