United States v. Suggs

I dissent.

The single specification in this case, in Charge V, alleges that the accused, at a specified time and place, did “assault Armed Forces Policemen, persons then having and in the execution of military police duties.” The only question to be decided is whether the failure to specify by name the “Armed Forces Policemen” is a fatal defect. I believe that it is, especially since paragraph 2075, Manual for Courts-Martial, United States, 1969, lists the identity of the person assaulted under this statute as the first element of this offense. His occupation as a military policeman and the…