United States v. Dean

Opinion of the Court

Darden, Judge:

The question for decision here is whether a court composed of a military judge alone has jurisdiction to try an accused who has not requested in writing that he be tried in that manner. We hold that a request in writing is an indispensable jurisdictional prerequisite.

On December 4, 1969, the accused pleaded guilty before a general court-martial at Camp Pendleton, California, to possession of a depressant drug, in violation of Article 92, Uniform Code *213of Military Justice, 10 USC § 892, and to the wrongful sale of seconal, in violation of Article 134, Code,…