United States v. Ornelas

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

Petitioner was charged with desertion in violation of Article of War 58, 10 USC § 1530, based on an alleged unauthorized absence from January 9, 1944, to August 9, 1951. Upon trial by general court-martial, petitioner moved to dismiss on the ground that the court had no jurisdiction. The jurisdictional defect alleged was that the accused — a draftee — had never become a member of the armed forces, having failed to take the oath of allegiance. The law officer denied the motion, petitioner pleaded not guilty, and trial proceeded. The prosecution…