United States v. Teitsort

Opinion of the Court

Robert E. Quinn, Chief Judge:

The accused entered a plea of guilty to five charges, including two specifications of larceny of an automobile. Charge II alleges an unauthorized absence from September 10 to September 14 and Charge III sets out an escape from confinement from the post stockade on September 10. Since the evidence which establishes the latter offense also proves the former, the two are not separately punishable. United States v Kittle, 9 USCMA 321, 26 CMR 101. 'As a result, in his instructions to the court-martial the law officer misstated the maximum period of…