United States Court of Military Appeals, 1967

United States v. Schultz

United States v. Schultz
United States Court of Military Appeals · Decided January 27, 1967
16 C.M.A. 488; 16 USCMA 488; 37 C.M.R. 108; 1967 CMA LEXIS 367; 1967 WL 4197
United States v. Schultz

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Opinion of the Court

Per Curiam:

Two specifications purporting to charge an unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, were laid against the accused. One contains no allegation to indicate the absence was without authority. The omission is fatal to the legal sufficiency of the specification. United States v Fout, 3 USCMA 565, 13 CMR 121.

The finding of guilty of specification 1 is set aside, ánd the charge is ordered dismissed. The record of trial is returned to the board of review for reconsideration of the sentence.

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