Priest v. Koch

Opinion of the Court

Quinn, Chief Judge:

This is an application to prohibit the Government from bringing the accused to trial on two specifications that had been dismissed by the military judge at pretrial proceedings under the provisions of Article 39(a), Uniform Code of Military Justice, 10 USC § 839, but which were returned to the court-martial by the convening authority, acting pursuant to the provisions of Article 62(a), Code, supra, 10 USC §862.

Eight specifications alleging violations of the Uniform Code of Military Justice were referred to trial by a gen*295eral court-martial convened by the…