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Legal Opinion

United States v. Weymouth

U S Air Force Court of Military Review

Decided August 26, 1994No. Misc. Dkt. No. 94-07PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

PEARSON, Judge:

The United States has filed a timely appeal under Article 62, Uniform Code of Military Justice (UCMJ), 10 United States Code *800(U.S.C.) § 862 (1988), contending the military-judge erroneously dismissed several assault related charges and specifications involving a knife as multiplicious for findings with a charge of attempted murder by stabbing. We conclude the assault offenses are both multiplicious with and included within attempted murder, and deny the appeal.

FACTS

The government charged Airman Francis C. Weymouth, Jr., in separate charges and…

2Cases cited30 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. United States v. DixonSupreme Court of the United States · 1993
  5. Parker v. LevySupreme Court of the United States · 1974

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

3Cited by11 opinions

  1. United States v. WeymouthCourt of Appeals for the Armed Forces · 1995
  2. United States v. OatneyNavy-Marine Corps Court of Criminal Appeals · 1994
  3. United States v. LloydUnited States Air Force Court of Criminal Appeals · 1995
  4. United States v. RobersonUnited States Air Force Court of Criminal Appeals · 1995
  5. United States v. HennisU S Air Force Court of Military Review · 1994

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

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