United States v. Rauscher
71 M.J. 157, 2012 CAAF LEXIS 178
CourtCourt of Appeals for the Armed Forces
DecidedFebruary 15, 2012
DocketNo. 12-0172/NA
StatusPublished
This text of 71 M.J. 157 (United States v. Rauscher) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
United States v. Rauscher, 71 M.J. 157, 2012 CAAF LEXIS 178 (Ark. 2012).
Opinion
CCA 201000684. Review granted on the following issue:
APPELLANT WAS CHARGED WITH, INTER ALIA, ASSAULT WITH INTENT TO COMMIT MURDER UNDER ARTICLE 134, UCMJ. BUT THE SPECIFICATION FAILED TO ALLEGE THE TERMINAL ELEMENT. THE MEMBERS FOUND APPELLANT NOT GUILTY OF THE CHARGED OFFENSE, BUT GUILTY OF AGGRAVATED ASSAULT UNDER ARTICLE 128, UCMJ, AS A LESSER-INCLUDED OFFENSE. DID THE LOWER COURT ERR IN HOLDING THAT AGGRAVATED ASSAULT IS A LESSER-INCLUDED OFFENSE OF AN ARTICLE 134 [158]*158SPECIFICATION THAT FAILS TO ALLEGE THE TERMINAL ELEMENT?
Briefs will be filed under Rule 25.
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Bluebook (online)
71 M.J. 157, 2012 CAAF LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rauscher-armfor-2012.