Legal Opinion
United States v. Hofmiller
United States Court of Military Appeals
Decided October 20, 1961No. 15,398PublishedCited by 6 opinions
1Opinion of the Court
Opinion of the Court
2Per curiam
The accused stands convicted of failure to obey a lawful order restricting him to his battery area, in violation of Uniform Code of Military Justice, Article 92, 10 USC § 892. Intermediate appellate authorities have apparently and erroneously considered that the maximum punishment governing this offense is that for a violation of Code, supra, Article 92, rather than that prescribed for breach of restriction. See United States v Hammock, 8 USCMA 245, 24 CMR 55, and footnote 5, paragraph 127c, Manual for Courts-Martial, United States, 1951. Moreover, examination of the…
3Cases cited2 opinions
- United States v. HammockUnited States Court of Military Appeals · 1957
- United States v. DeVoreUnited States Court of Military Appeals · 1959
4Cited by6 opinions
- United States v. WartsbaughUnited States Court of Military Appeals · 1972
- United States v. KastnerUnited States Court of Military Appeals · 1983
- United States v. BattleU S Air Force Court of Military Review · 1988
- United States v. MillerUnited States Court of Military Appeals · 1983
- United States v. HillU.S. Navy-Marine Corps Court of Military Review · 1988
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