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United States v. Schultz

16 C.M.A. 488, 16 USCMA 488, 37 C.M.R. 108, 1967 CMA LEXIS 367, 1967 WL 4197
CourtUnited States Court of Military Appeals
DecidedJanuary 27, 1967
DocketNo. 19,825
StatusPublished
Cited by1 cases

This text of 16 C.M.A. 488 (United States v. Schultz) 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.

Bluebook
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).

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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Related

United States v. Watkins
21 M.J. 208 (United States Court of Military Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
16 C.M.A. 488, 16 USCMA 488, 37 C.M.R. 108, 1967 CMA LEXIS 367, 1967 WL 4197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-schultz-cma-1967.