United States v. Johnson

OPINION OF THE COURT

FERGUSON, Senior Judge:

Convicted by a general court, pursuant to his pleas, of larceny and housebreaking,1 the appellant submits that his conviction must be set aside and the charged offense dismissed because he was denied his right to a speedy trial. United States v. Burton, 21 U.S.C.M.A. 112, 44 C.M.R. 166 (1971). He was placed in pretrial confinement on August 24, 1974, and his trial did not commence until December 6, 1974 — 104 days later. However, at all levels below, the conclusion has been reached that there existed a period of defense-requested delay sufficient to…