United States v. Weymouth

Opinion

COX, Judge:

1. To resolve this case, it is necessary to clarify the very definition of an offense in the military; then to show how the definition of military offenses compares and contrasts with the definition of offenses in the federal criminal justice system; and finally, to explain how those differences affect the treatment of lesser-included offenses.

I

2. This case is before us on certification from the Judge Advocate General of the Air Force. Art. 67(a)(2), Uniform Code of Military Justice, 10 USC § 867(a)(2) (1989). At the time of certification, the accused’s trial stood arrested…