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Legal Opinion

United States v. Wartsbaugh

United States Court of Military Appeals

Decided July 28, 1972No. 24,829PublishedCited by 24 opinions

1Opinion of the Court

Opinion of the Court

Duncan, Judge:

The first issue on which we granted review is whether specification 2 of the Charge fails to state an offense. That specification reads:

“In that . . . wrongfully communicate to 1 LT John R. Hoffman a threat to injure him by saying ‘You *537had better take my weapon because you might not make it back,’ or words to that effect.”

There is no registration of dissatisfaction with the specification on the frequently asserted basis that the language employed does not apprise the accused of the nature of the offense charged so that a defense can be prepared. However,…

2Cases cited28 opinions

  1. United States v. FieldsUnited States Court of Military Appeals · 1958
  2. United States v. MasseyUnited States Court of Military Appeals · 1955
  3. United States v. HolidayUnited States Court of Military Appeals · 1954
  4. United States v. WilsonUnited States Court of Military Appeals · 1958
  5. United States v. BoatnerUnited States Court of Military Appeals · 1971

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

3Cited by24 opinions

  1. United States v. WomackUnited States Court of Military Appeals · 1989
  2. United States v. PettersenUnited States Court of Military Appeals · 1983
  3. United States v. QuarlesUnited States Court of Military Appeals · 1975
  4. United States v. WoodsUnited States Court of Military Appeals · 1989
  5. United States v. SmithUnited States Court of Military Appeals · 1975

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

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