United States v. Schultz

United States Court of Military Appeals

United States v. Schultz

16 C.M.A. 488, 16 USCMA 488, 37 C.M.R. 108, 1967 CMA LEXIS 367, 1967 WL 4197

United States Court of Military Appeals·Decided January 27, 1967·No. No. 19,825·Published·Cited by 1 cases

Opinion

Opinion of the Court

Per Curiam:

Two specifications purporting to charge an unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, were laid against the accused. One contains no allegation to indicate the absence was without authority. The omission is fatal to the legal sufficiency of the specification. United States v Fout, 3 USCMA 565, 13 CMR 121.

The finding of guilty of specification 1 is set aside, ánd the charge is ordered dismissed. The record of trial is returned to the board of review for reconsideration of the sentence.

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Opinion of the Court

Per Curiam:

Two specifications purporting to charge an unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, were laid against the accused. One contains no allegation to indicate the absence was without authority. The omission is fatal to the legal sufficiency of the specification. United States v Fout, 3 USCMA 565, 13 CMR 121.

The finding of guilty of specification 1 is set aside, ánd the charge is ordered dismissed. The record of trial is returned to the board of review for reconsideration of the sentence.

United States v. Schultz, 16 C.M.A. 488, 16 USCMA 488, 37 C.M.R. 108, 1967 CMA LEXIS 367, 1967 WL 4197 (cma 1967).

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Opinion

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