United States v. Kennedy

Opinion of the Court

GEORGE W. LatimeR, Judge:

This case must be catalogued with those which are a discredit to military law as it should be practiced in courts-martial. Here we are presented with an unparalleled situation — a law officer sheds his judicial robes, requiring him to consider a motion on the facts before him, to join up with a staff judge advocate and a convening authority— who theoretically should be impartial— to force a desired result, namely, a conviction of an accused. To affirm a finding of guilt nurtured in that sort of climate would resurrect all the evils of command…