United States v. Goins

Opinion of the Court

Darden, Judge:

This case requires a decision on whether the offenses of robbery and maiming are multiplicious for sentencing purposes because the force and violence necessary to prove a robbery charge are also the cause of the permanent damage constituting a maiming charge.

The appellant was tried on July 5, 1968, at Camp Courtney, Okinawa, by a general court-martial on a charge of robbery, in violation of Article 122, Uniform Code of Military Justice, 10 USC § 922, and a charge of maiming, in violation of Article 124, Uniform Code of Military Justice, 10 USC § 924. He…