United States v. Franklin

Opinion

HomeR Ferguson, Judge;

Among other offenses, the accused was found guilty of breach of arrest, in violation of Uniform Code of Military Justice, Article 95, 10 USC § 895, and absence without leave, in violation of Code, supra, Article 86, 10 USC § 886. These offenses occurred at the same time and place but were treated separately for purposes of punishment. This was error. United States v Modesett, 9 USCMA 152, 24 CMR 414; United States v Lowe, 9 USCMA 215, 25 CMR 477; United States v Taglione, 9 USCMA 214, 25 CMR 476. Accordingly, corrective action must be taken.

The decision of the…