United States v. Higbie

Opinion of the Court

HomeR FeRGüson, Judge:

At his original trial, the accused was found guilty of larceny, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921; housebreaking, in violation of Code, supra, Article 130, 10 USC § 930; and false swearing, in violation of Code, supra, Article 134, 10 USC § 934. He was sentenced to dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three years.

On review, the convening authority determined that the specification purporting to allege false swearing did not set forth an offense. For…