United States Court of Military Appeals, 1958

United States v. Phillips

United States Court of Military Appeals · Decided June 6, 1958 · Ferguson, Latimer, Quinn

9 C.M.A. 323; 9 USCMA 323; 26 C.M.R. 103; 1958 CMA LEXIS 552; 1958 WL 3308

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The escape from confinement established under Charge II also proved the accused’s unauthorized absence under Charge I. Accordingly, he cannot be punished separately for each. United States v Welch, 9 USCMA 255, 26 CMR 35.

The record of trial is returned to The Judge Advocate General of the Navy for submission to a board of review for reassessment of the sentence.

Judge Ferguson concurs. Judge Latimer dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.