United States v. Glover

In United States v. Baker, 14 M.J. 361, 367 (C.M.A.1983), this Court opined that when findings of guilty to a greater offense and a lesser-included offense are entered at the same court-martial, both cannot stand. Additional support for this conclusion can be found in Grimes v. United States, 607 F.2d 6 (2nd Cir.1979); Wright v. United States, 519 F.2d 13 (7th Cir.), cert, denied, 423 U.S. 932, 96 S.Ct. 285, 46 L.Ed.2d 262 (1975) ; O’Clair v. United States, 470 F.2d 1199 (1st Cir.1972), cert, denied, 412 U.S. 921, 93 S.Ct. 2741, 37 L.Ed.2d 148 (1973). See also United States v. Gaddis, 424…