United States v. Merritt

DECISION

The accused contends that the prosecution substantially amended an absence specification to reflect a new and more serious offense, requiring such specification to be resworn.

The original specification reflected a six-month absence without leave from June to December 1980. When the accused failed to return to military control by December 1980 the charge was preferred and sworn to in that month. The accused did not in fact return until August 1983; the charge sheet was then amended by a pen-and-ink change to reflect the three year absence. Testimony at trial revealed that it was an…