United States Court of Military Appeals, 1972

Dupree v. United States

Dupree v. United States
United States Court of Military Appeals · Decided February 15, 1972
21 C.M.A. 656
Dupree v. United States

Opinion of the Court

On consideration of the “Motion for Issuance of Mandate”, construed by the Court as a Petition for Writ of Mandamus, it appearing that the ruling of the United States Air Force Court of Military Review was wholly interlocutory in nature, and in no way affects the jurisdiction of this Court ultimately to review petitioner's conviction pursuant to Article 67(b)(3), Uniform Code of Military Justice, 10 USC § 867 (b) (3), it is, by the Court, this 15th day of February 1972,

ORDERED:

That said Petition be, and the same is hereby, dismissed. United States v Best, 6 USCMA 39, 19 CMR 165 (1955).

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