United States v. Phillips

9 C.M.A. 323, 9 USCMA 323, 26 C.M.R. 103, 1958 CMA LEXIS 552, 1958 WL 3308

Procedural entryThis page is a short order in United States v. Phillips. Read the opinion of the Court — 7 C.M.A. 737 →

United States Court of Military Appeals·Decided June 6, 1958·No. No. 11,021·Published

Opinion

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The escape from confinement established under Charge II also proved the accused’s unauthorized absence under Charge I. Accordingly, he cannot be punished separately for each. United States v Welch, 9 USCMA 255, 26 CMR 35.

The record of trial is returned to The Judge Advocate General of the Navy for submission to a board of review for reassessment of the sentence.

Judge Ferguson concurs. Judge Latimer dissents.

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Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The record of trial is returned to The Judge Advocate General of the Navy for submission to a board of review for reassessment of the sentence.

Judge Ferguson concurs. Judge Latimer dissents.

United States v. Phillips, 9 C.M.A. 323, 9 USCMA 323, 26 C.M.R. 103, 1958 CMA LEXIS 552, 1958 WL 3308 (cma 1958).

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9 C.M.A. 323 (United States v. Phillips) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

United States v. Welch

9 C.M.A. 255 (United States Court of Military Appeals, 1958)

Opinion

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