United States v. Hardy

I dissent.

The author of the principal opinion concludes that a violation of Uniform Code of Military Justice, Article 97, 10 USC § 897, may be committed by any person who unlawfully detains another and that the charges in this cause are completely separate for the purpose of determining the maximum sentence which may be imposed. I disagree entirely with the former proposition and in part with the latter.

The accused, pursuant to his plea, was found guilty of resisting apprehension, in violation of Uniform Code of Military Justice, Article 95, 10 USC § 895; two specifications of unlawful…