Frage v. Edington

Petitioner was charged with desertion, larceny, and wrongful sale of government property. He was placed in pretrial confinement on 11 February 1988. At an Article 39(a), Uniform Code of Military Justice (UCMJ) session on 29 April 1988, Petitioner moved that all charges and specifications be dismissed because the statute of limitations had run with respect to the offenses. His motion was based on the fact that the charges were never properly preferred because the accuser did not swear to the charges before a commissioned officer authorized to administer oaths, and thus there was no receipt of…