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Legal Opinion

United States v. Kelson

United States Court of Military Appeals

Decided May 31, 1977No. 31,460; SPCM 11249PublishedCited by 14 opinions

1Opinion of the Court

COOK, Judge:

The appellant was tried by a special court-martial before a military judge alone for breach of the peace (two specifications) and assault, in violation of Articles 116 and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 916 and 928, respectively. Contrary to his pleas, he was found guilty as charged and sentenced to a reduction to the lowest enlisted grade, detention of $200 pay per month for 3 months, and a bad-conduct discharge.

During an Article 39(a)1 session, the trial defense counsel moved to dismiss specification 1 of Charge I on the basis it was multiplicious with the…

2Cases cited6 opinions

  1. United States v. MontgomeryUnited States Court of Military Appeals · 1970
  2. United States v. KinaneUnited States Court of Military Appeals · 1976
  3. United States v. WilliamsUnited States Court of Military Appeals · 1968
  4. United States v. WorleyUnited States Court of Military Appeals · 1970
  5. United States v. MerrittUnited States Court of Military Appeals · 1951

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Alvin W. Dodson, Jr. v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
  2. United States v. WilsonCourt of Appeals for the Armed Forces · 2008
  3. United States v. WilliamsUnited States Court of Military Appeals · 1987
  4. United States v. SlubowskiUnited States Court of Military Appeals · 1979
  5. United States v. MarrieU S Air Force Court of Military Review · 1994

9 more not listed; retrieve them via the Exa API.

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