United States v. Mayo

Trial defense counsel in this case requested the court to dismiss this specification as defective for failing to state an offense. See para. 685(3), Manual for Courts-Martial, United States, 1969 (Revised edition). After being informed that the Government intended to show the alleged communication 1 was made by telephone, the military judge denied this motion. The military judge ruled “that there is sufficient information contained in the specification to inform the accused of what he is being charged with and to prohibit his trial on a subsequent complaint alleging the same violation.”

The…