United States v. McCormick

(concurring in the result) :

I concur in the result.

I do not, however, agree with the concepts advanced by the author Judge for the reason that they have been rejected by us in United States v Frayer, 11 USCMA 600, 29 CMR 416, and United States v Holiday, 4 USCMA 454,16 CMR 28. See also United States v Fuller, 9 USCMA 143, 25 CMR 405, where the Chief Judge, writing for a unanimous Court with regard to the doctrine of pre-emption, rejected its application in that case, making the following illuminating observation:

“. . . Moreover, the offense of fraudulent burning is not made up of elements…