United States v. Burns

Opinion of the Court

George W. Latimer, Judge:

Accused was tried, and found guilty, of assault with intent to commit murder, in violation of Article 134, Uniform Code of Military Justice, 50 USC § 729, and robbery, in violation of Article 122, Uniform Code of Military Justice, 50 USC § 716. The convening authority modified the sentence imposed by the court-martial but approved the findings. A board of review in the office of The Judge Advocate General of the Air Force, one member dissenting, affirmed.

At an appropriate time in the trial of the cause defense counsel made a motion to dismiss the…