United States v. Schwade

I have no difference with the decision of my brethren as far as it goes, but we part philosophic company with respect to the treatment of the Additional Charge and its specification. At the appropriate time in the trial, defense counsel moved to dismiss1 this allegation of a failure to repair, on the grounds that it violated paragraph 26c, Manual for Courts-Martial, 1969 (Rev.), which provides:

Ordinarily, charges for minor derelictions should not be joined with charges for serious offenses. For example, a charge of failure to report for a routine roll call should not be joined with a charge…