United States v. Pearson

Opinion of the Court

DaRden, Judge:

Are charges of escape from confinement “while being transported to the Correctional Training Facility, Fort Riley, Kansas” (Article 95, Uniform Code of Military Justice, 10 USC § 895) and assault of a military policeman in the execution of his duties “by grabbing him by the arm” (Article 128, Uniform Code of Military Justice, 10 USC §, 928) multiplicious for sentencing purposes? That is the question to be answered in this case. The law officer at the trial decided the issue against the appellant.

Because of the plea of guilty to both offenses, evidence is…