United States v. Taglione

Opinion of the Court

Robert E. Quinn, Chief Judge:

The accused was charged with unauthorized absence from 9:20 a.m. to 11:48 p.m., October 20, 1957, from the post guardhouse, his place of duty, and with breach of the conditions of his parole on October 20th by going outside the “limits of the Fort Monmouth military reservation.” He pleaded guilty to both charges. Relying upon United States v Modesett, 9 USCMA 152, 25 CMR 414, he now contends that the charges are multiplicious, and consequently correction of the sentence is required.

From the allegations of the specification and the evidence…