United States v. Averill

CCA 20090491. Review granted on the following issue:

WHETHER SPECIFICATION 1 OF CHARGE II IS FATALLY DEFECTIVE BECAUSE THE TERMINAL ELEMENT OF ARTICLE 134, UCMJ, 10 U.S.C. SECTION 934, IS NEITHER EXPRESSLY ALLEGED NOR “NECESSARILY IMPLIED.”

Briefs will be filed under Rule 25.