United States v. Berner
This text of 12 C.M.A. 683 (United States v. Berner) 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.
Opinion
Opinion of the Court
Upon his plea of guilty, accused was convicted by court-martial for various violations of the Uniform Code of Military Justice. This Court granted his petition for review on a single question concerning multiplicity.
From the record it would appear that consideration has not been given, at prior levels, to whether the count of accessory after the fact is, under the circumstances of the instant case, separate for punishment purposes from the offense of receiving stolen property. See United States v Tamas, 6 USCMA 502, 20 CMR 218.
The decision of the board of review, therefore, is reversed. The case is remanded to The Judge Advocate General of the Navy for reference to the board and appropriate action as to sentence not inconsistent with this opinion.
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Cite This Page — Counsel Stack
12 C.M.A. 683, 12 USCMA 683, 31 C.M.R. 269, 1962 CMA LEXIS 261, 1962 WL 4408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-berner-cma-1962.