United States v. Dunbar

Opinion of the Court

EVERETT, Chief Judge:

Appellant was tried at Torrejon Air Base, Spain, by a military judge sitting as a general court-martial. Charge I, which was alleged under Article 134 of the Uniform Code of Military Justice, 10 U.S.C. § 934, contained seventeen specifications alleging various drug offenses; Charge II alleged three separate conspiracies to sell drugs, in violation of Article 81 of the Code, 10 U.S.C. § 881. However, the military judge dismissed the first conspiracy specification for violation of the principle that where a substantive offense — in this instance, sale of…