Legal Opinion

United States v. Drexler

United States Court of Military Appeals

Decided June 27, 1958No. 10,830PublishedCited by 31 opinions

1Opinion of the Court

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

Determining that the charges on which the accused was convicted were multiplicious, a board of review dismissed the less serious charge and reassessed the sentence. The Judge Advocate General has certified the case to this Court for review of the following question:

“Was the action of the Board of Review in setting aside the finding on Charge II correct as a matter of law?”

An act which constitutes but a single offense should not be made the basis for several charges. To meet the exigencies of proof, the Government may properly allege one offense…

2Cases cited14 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1955
  2. United States v. Universal C. I. T. Credit Corp.Supreme Court of the United States · 1952
  3. Prince v. United StatesSupreme Court of the United States · 1957
  4. Dealy v. United StatesSupreme Court of the United States · 1894
  5. United States v. StrandUnited States Court of Military Appeals · 1955

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

3Cited by31 opinions

  1. United States v. BakerUnited States Court of Military Appeals · 1983
  2. United States v. NeradCourt of Appeals for the Armed Forces · 2010
  3. United States v. TetersUnited States Court of Military Appeals · 1993
  4. United States v. DossUnited States Court of Military Appeals · 1983
  5. United States v. MiddletonUnited States Court of Military Appeals · 1960

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

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