United States v. Scholz

GORMLEY, Chief Judge:

Pursuant to Article 62 of the Uniform Code of Military Justice (U.C.M.J.), 10 U.S.C. § 862 and in compliance with Rules for Court-Martial, (R.C.M.), Rule 908(b), Manual for Courts-Martial, 1984, (M.C.M. 1984), and section 0131 of JAGNOTE 5800 of 17 July 1984, the government filed an appeal requesting this Court to reverse a ruling of the military judge that terminated the proceedings below in this case.

HISTORY OF THE CASE

On 2 August 1984, the accused was arraigned before a Special Court-Martial on a single charge of violating Article 134 of the U.C.M.J., 10 U.S.C. § 934,…