United States v. Garcia

CCA 20080839. Review granted on the following issue:

WHEN THE GOVERNMENT FAILS TO ALLEGE AN ARTICLE 134 TERMINAL ELEMENT THE CHARGE FAILS TO STATE AN OFFENSE UNLESS THE TERMINAL ELEMENT CAN BE “NECESSARILY IMPLIED” FROM THE LANGUAGE OF THE SPECIFICATION. THE MISSING TERMINAL ELEMENT FROM THE SPECIFICATIONS OF CHARGE II CANNOT BE NECESSARILY IMPLIED FROM THE TEXT. ARE THE OFFENSES FATALLY DEFECTIVE?

No briefs will be filed under Rule 25.