Legal Opinion
United States v. Averette
United States Court of Military Appeals
Decided April 3, 1970No. 22,457PublishedCited by 13 opinions
1Opinion of the Court
Opinion of the Court
DARDEN, Judge:
Our concern in this case is with the liability for trial by court-martial of a civilian employee of an Army contractor in the Republic of Vietnam. To decide the case we must consider whether the words “in time of war” as used in Article 2(10), Uniform Code of Military Justice, 10 USC § 802, mean a declared war.
A general court-martial at Long Binh, Vietnam, convicted Raymond G. Averette of conspiracy to commit larceny and attempted larceny of 36,000 United States Government-owned batteries. After earlier appellate review, with some modification of findings,…
2Cases cited13 opinions
- Reid v. CovertSupreme Court of the United States · 1957
- O'Callahan v. ParkerSupreme Court of the United States · 1969
- United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
- Kinsella v. United States Ex Rel. SingletonSupreme Court of the United States · 1960
- McElroy v. United States Ex Rel. GuagliardoSupreme Court of the United States · 1960
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. AliCourt of Appeals for the Armed Forces · 2012
- Willenbring v. NeurauterCourt of Appeals for the Armed Forces · 1998
- Al-Quraishi v. NakhlaDistrict Court, D. Maryland · 2010
- Gregory Cole v. Melvin Laird, as Secretary of Defense, Etc.Court of Appeals for the Fifth Circuit · 1972
- United States v. Civilian ALAA MOHAMMAD ALIArmy Court of Criminal Appeals · 2011
8 more not listed; retrieve them via the Exa API.