United States v. Morris

*320OPINION OF THE COURT

Quinn, Judge:

This appeal brings up for consideration the effect of submission by the accused of a request for trial by judge alone after the court has assembled. The accused contends that, under Article 16, Uniform Code of Military Justice, 10 USC § 816, the time of submission is a jurisdictional requirement for trial by military judge alone and such trial cannot be had on the basis of a request by accused submitted after assembly of the court.

Four specifications of unauthorized absence against the accused were referred to a general court-martial for trial. Starting on…