Frank Murphy

“ If the Article is ignored, and the court martial finds the defendant innocent, the error can never be corrected-the officers' time has been wasted and the defendant's record is forever besmirched by the words 'general court martial.' Yet if the prisoner is found guilty, there is still no sanction. For military authorities will not set aside a conviction unless the very accused asking reversal has been prejudiced. And if the trial has been fair, and resulted in conviction, who will say that the defendant has been prejudiced because preliminary investigation was wanting? ”

“ In Keller, the investigation took place, but was not 'thorough.' The Board held that a thorough investigation was 'an absolute right given to the accused by statute.' And in 1937 Congress reenacted the same language we are construing now, the same language the Board of Review expounded in 1924 and 1928. 50 Stat. ”