United States v. Lewis

DECISION

ARROWOOD, Senior Judge:

An additional charge against the accused was referred to trial after he had been arraigned. Appellate defense counsel assert that this violated Manual for Courts-Martial, 1969 (Rev.), paragraph 656, and therefore the findings of guilty to that charge should be set aside. We agree that the action was improper; however, we decline to set aside the finding since the accused was not prejudiced thereby.

The accused was arraigned at trial by special court-martial on charges of making a false claim, larceny and absence without leave (AWOL), violations of Articles 132,…