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Legal Opinion

United States v. Hitchcock

United States Court of Military Appeals

Decided February 12, 1979No. 35,040; CM 435815PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court

COOK, Judge:

At issue is the correctness of the trial judge’s reconsideration and overturning of a granted motion for a finding of not guilty. We hold that the reconsideration and reversal were improper.

The accused was charged with resisting apprehension and escape. The charges came on for trial before a general court-martial composed of a military judge and court members. When both sides had rested their respective, direct cases, defense counsel moved for a finding of not guilty as to each offense. The motion was argued out of the presence of the court members, as allowed…

2Cases cited9 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. United States v. ScottSupreme Court of the United States · 1978
  3. Sanabria v. United StatesSupreme Court of the United States · 1978
  4. Fong Foo v. United StatesSupreme Court of the United States · 1962
  5. United States v. Edward Baker, Ralph Masciola and Dominick DinorscioCourt of Appeals for the Second Circuit · 1970

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3Cited by9 opinions

  1. United States v. HardyCourt of Appeals for the Armed Forces · 1997
  2. United States v. UretaUnited States Air Force Court of Criminal Appeals · 1994
  3. People v. CervantesAppellate Court of Illinois · 2013
  4. United States v. DixonU.S. Navy-Marine Corps Court of Military Review · 1980
  5. United States v. LeslieU.S. Navy-Marine Corps Court of Military Review · 1980

4 more not listed; retrieve them via the Exa API.

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