United States v. Ross

I agree that this Court’s decision in United States v Alderman, 22 USCMA 298, 46 CMR 298 (May 25, 1973), is dispositive of the appellant’s assignment of error regarding the introduction of a previous summary court-martial conviction.2 I disagree, however, that the Court of Military Review erred in setting aside the findings of guilty of specification 3 of the Charge.

In United States v Fout, 3 USCMA 565, 567-568, 13 CMR 121, 123-124 (1953),3 this Court unanimously declared:

[A] failure to attack a specification "because it does not state an offense cannot be waived.” United States v Karl, 3…