United States v. Baker

*347Opinion of the Court

Tried by special court-martial, the accused pleaded guilty to a number of alleged violations of Uniform Code of Military Justice, Article 92, 10 USC § 892. Intermediate appellate authorities have affirmed, and he has petitioned for relief here upon the assertion that specification 2 of Charge I does not allege an offense.

The count in question purports to allege the accused failed to obey a lawful order, set forth as “Division Order 5050.4,” by being in an off-limits establishment in the village of Da Son, Vietnam. It, however, fails to state the essential element of…