United States v. Simpson

I concur in the result reached by Senior Judge Gregory in this case. When the charge sheet on which an accused is tried shows on its face that the statute of limitations has run against the offense charged there and there is no indication that the accused is aware of his right to plead the statute of limitations in bar of trial, the military judge must advise the accused of his right to plead the statute. United States v. Rodgers, 8 U.S.C.M.A. 226, 24 C.M.R. 36 (1957). This is true even though there is another charge sheet showing that the statute was tolled by the receipt of sworn charges…