United States v. Henley
Cases that cite this one
3 later published cases cite this decision.
- United States v. Smith (U.S. Army Court of Military Review 1976)
- United States v. Bridges (United States Court of Military Appeals 1958)
- United States v. Underwood (United States Court of Military Appeals 1959)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Opinion of the Court
The accused was found guilty in accordance with his plea of absence without leave and missing movement through neglect, in violation of Articles 86 and 87, Uniform Code of Military Justice, 10 USC §§ 886 and 887. The missing movement offense occurred during the period of unauthorized absence. The issue here presented is the same as that recently decided in United States v Posnick, 8 USCMA 201, 24 CMR 11. There, we held that the offense of unauthorized absence was a necessarily included lesser offense of missing movement through neglect. The board of review, in its decision, did not consider the effect of multiplicity in arriving at an appropriate sentence. This was error. The record is ordered returned to The Judge Advocate General of the Navy for reference to a board of review for reconsideration of the sentence in conformity with the views herein expressed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.