United States v. Void

17 M.J. 740, 1983 CMR LEXIS 693
CourtU.S. Army Court of Military Review
DecidedDecember 22, 1983
DocketSPCM 18225
StatusPublished
Cited by3 cases

This text of 17 M.J. 740 (United States v. Void) is published on Counsel Stack Legal Research, covering U.S. Army Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Void, 17 M.J. 740, 1983 CMR LEXIS 693 (usarmymilrev 1983).

Opinion

OPINION OP THE COURT

YAWN, Judge:

Appellant was convicted as an aider and abettor of three assaults upon three different soldiers, and two threats communicated in conjunction therewith, in violation of Articles 128 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 928 and 934, respectively. All three assaults took place in short succession one evening in a U.S. Army barracks in the Federal Republic of Germany. His approved sentence is reduction to the grade of Private E-l, confinement at hard labor for six months, forfeiture of $367.00 pay per month for six months, and a bad-conduct discharge. . Appellant claims the evidence is insufficient to establish beyond a reasonable doubt his guilt of any offense. We agree as to the first assault and the two threat offenses but disagree in regard to the remaining two assaults.

I

On the evening of the offenses, Private First Class Stanwood was in his barracks room playing cards when he was asked by another solider, Ragas, to step out into the hall with him and then into the latrine. Two other soldiers, McCaskill and Bryant, were with Ragas. Once all were in the latrine, Ragas asked Stanwood if he “remembered Pitts.”

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Related

United States v. Simmons
63 M.J. 89 (Court of Appeals for the Armed Forces, 2006)
United States v. Nakamura
21 M.J. 711 (U.S. Navy-Marine Corps Court of Military Review, 1985)

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Bluebook (online)
17 M.J. 740, 1983 CMR LEXIS 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-void-usarmymilrev-1983.