United States v. Mountain

United States Court of Military Appeals

United States v. Mountain

20 C.M.A. 319, 20 USCMA 319, 43 C.M.R. 159, 1971 CMA LEXIS 755, 1971 WL 12749

CourtUnited States Court of Military Appeals

DecidedJanuary 29, 1971

DocketNo. 23,716

StatusPublished

This text of 20 C.M.A. 319 (United States v. Mountain) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Mountain, 20 C.M.A. 319, 20 USCMA 319, 43 C.M.R. 159, 1971 CMA LEXIS 755, 1971 WL 12749 (cma 1971).

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Opinions

Opinion of the Court

Daeden, Judge:

The appellant was tried by a court-martial without court members. His failure to request, in writing, trial by military judge alone deprived the court-martial of jurisdiction. United States v Dean, 20 USCMA 212, 43 CMR 52 (1970).

Accordingly, the decision of the United States Navy Court of Military Review is reversed, the findings and sentence are set aside, and the record of trial is returned to the Judge Advocate General of the Navy. Another trial may be ordered.

Judge Ferguson concurs.

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