United States v. Hubbard

Opinion of the Court

Quinn, Judge:

A military judge, sitting as a general court-martial without court members, convicted the accused of unauthorized absence and imposed a sentence extending to a bad-conduct discharge and confinement at hard labor for eight months. At trial, defense counsel moved to dismiss the charge for the Government’s failure to comply with the provisions of Articles 10 and 33, Uniform Code of Military Justice, 10 USC §§ 810, 833. The motion was denied, and the correctness of that ruling is the subject of this appeal.

On April 3, 1970, in Richmond, Virginia, Special Agents…