United States v. Frage

This case comes before us as a government appeal under Article 62, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862. The issue presented is whether the military judge below was correct in dismissing all charges against the accused as being barred by the statute of limitations because the charges were never properly sworn to before an officer authorized to administer oaths.

The accused was charged with desertion terminated by apprehension, larceny of over $100 worth of food, and the unauthorized sale of the same food. The larcenies were alleged to have occurred between October 1982 and…