United States v. Scott

I dissent.

In his post-trial review for the convening authority (paragraph 6d(2)), the staff judge advocate alleged that subsequent to the accused’s conviction of the charged offense, the accused had again violated the Code by being absent without leave on two occasions and by cutting with a knife one of the personnel participating in his apprehension for the second unauthorized absence (Articles 86 and *268128, Uniform Code of Military Justice, 10 USC §§ 886 and 928). He offered no proof that these offenses had occurred and simply stated:

“The substance of the material contained in…