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Legal Opinion

United States v. Ellsey

United States Court of Military Appeals

Decided December 23, 1966No. 19,572PublishedCited by 29 opinions

1Opinion of the Court

Opinion of the Court

FERGUSON, Judge:

Convicted below by special court-martial of a number of offenses in violation of the Uniform Code of Military Justice, the accused sought our review, and we granted his petition upon the following issues:

*4561. WHETHER AMENDING THE SPECIFICATION OF ADDITIONAL CHARGE II WAS AUTHORIZED.

2. WHETHER THERE IS A FATAL VARIANCE BETWEEN THE ALLEGATIONS AND THE PROOF OF THE SPECIFICATION OF ADDITIONAL CHARGE II.

I

The specification of Additional Charge II originally alleged the offense of escape from lawful custody. After the charges were referred to the trial counsel, he…

2Cases cited10 opinions

  1. United States v. SmithUnited States Court of Military Appeals · 1962
  2. United States v. NixUnited States Court of Military Appeals · 1965
  3. United States v. SquirrellUnited States Court of Military Appeals · 1953
  4. United States v. KrutsingerUnited States Court of Military Appeals · 1965
  5. United States v. WerthmanUnited States Court of Military Appeals · 1955

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3Cited by29 opinions

  1. United States v. FeltyUnited States Court of Military Appeals · 1982
  2. United States v. RexroatUnited States Court of Military Appeals · 1993
  3. United States v. McPhersonCourt of Appeals for the Armed Forces · 2014
  4. United States v. MarshallCourt of Appeals for the Armed Forces · 2009
  5. United States v. RendonCourt of Appeals for the Armed Forces · 2003

24 more not listed; retrieve them via the Exa API.

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