United States v. King

I concur with the principal opinion and write only to express concern with the concept of an appellate court having authority to affirm a finding of guilty of an offense that is not included within a guilty finding before the court, but, instead, is simply closely related to the offense for which there is a finding. Article 59, UCMJ, 10 U.S.C. § 859, grants authority to an appellate court to affirm so much of a finding of guilty as includes a lesser included offense, but says nothing about a closely related offense. Nevertheless, our higher Court, the Court of Appeals for the Armed Forces,…