United States v. Simpson

I concur in the result solely because the single charge sheet was amended to show an inception date one year earlier than alleged when the offense was sworn; the result was to violate the requirement that “[i]f a change involves the inclusion of any ... matter not fairly included in the charges as preferred, new charges, consolidating all offenses which are to be charged, should be signed and sworn to by an accuser”. Paragraph 33d, Manual for Courts-Martial, 1969 (Rev.) (MCM). Inasmuch as the reswearing on 30 June 1980 was more than two years after the amended inception date, the result…