United States v. Yates

OPINION OF THE COURT ON REMAND

KANE, Senior Judge:

This case is before this court on remand from the Court of Military Appeals. United States v. Yates, 28 M.J. 60 (C.M.A.1989). The previous decision of this court United States v. Yates, 25 M.J. 582 (A.C.M.R.1987), was reversed and the case is before us on issues other than those determined by the Court of Military Appeals and not otherwise previously addressed.

Specifically, the question is whether the military judge erred by failing to grant the defense motion for a finding of not guilty to a specification of false swearing. Appellant argues…