United States v. Goldman

Opinion of the Court

Among other offenses, the accused was found guilty of false swearing, in violation of Uniform Code of Military Justice, Article 134, 10 USC § 934. Our examination of the specification, however, discloses that its averments fail to allege, either expressly or by fair implication, that the statement was in fact false. Indeed, the count is, except for the factual material set forth therein, precisely the same as that which we found insufficient in United States v McCarthy, 11 USCMA 758, 29 CMR 574. Compare United States v Chaney, 12 USCMA 378, 30 CMR 378. The findings of…