United States v. Hulon

We have examined the record of trial, the summary assignments of error and the Government’s reply thereto, and have concluded that the findings and sentence are correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed.

Appellant’s initial assignment of error argues that the findings relative to Charge I, alleging conspiracy, must be dismissed where the Government at a separate proceeding, withdrew with prejudice a conspiracy charge against appellant’s co-conspirator. The literal language of paragraph 160, Manual for…