United States v. Wray

Opinion of the Court

FLETCHER, Judge.

The Judge Advocate General of the Navy certified the record of appellant’s general court-martial * for us to consider whether a variance between the date of the larceny in the charge laid and that proven in the members’ findings was a fatal variance in that it violated due process rights. 14 M.J. 447 (1982). We are persuaded by authority of the United States Supreme Court that such is the case. Dunn v. United States, 442 U.S. 100, 99 S.Ct. 2190, 60 L.Ed.2d 743 (1979). Under these particular facts, the change of date created a material and non-permissible…