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Legal Opinion

United States v. Haywood

U.S. Army Court of Military Review

Decided October 27, 1978No. SPCM 13142PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT ON RECONSIDERATION *

LEWIS, Judge:

The appellant, contrary to his pleas, was convicted of possession, transfer, and sale of marijuana in violation of Article 134, Uniform Code of Military Justice (10 U.S.C. § 934). His approved sentence included a bad-conduct discharge and confinement at hard labor for six months.

On appeal appellant alleges that the military judge committed error in failing to grant appellant’s motion at trial to force the prosecution to elect between specifications 2 (transfer) and 3 (sale) of the charge. We disagree.

The initial defense motion to elect was…

2Cases cited8 opinions

  1. United States v. PosnickUnited States Court of Military Appeals · 1957
  2. United States v. MiddletonUnited States Court of Military Appeals · 1960
  3. United States v. WilliamsUnited States Court of Military Appeals · 1968
  4. United States v. DrexlerUnited States Court of Military Appeals · 1958
  5. United States v. FruscellaUnited States Court of Military Appeals · 1971

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

3Cited by12 opinions

  1. United States v. ZupancicUnited States Court of Military Appeals · 1984
  2. United States v. SturdivantUnited States Court of Military Appeals · 1982
  3. United States v. CordovaU.S. Army Court of Military Review · 1979
  4. United States v. FortneyU S Air Force Court of Military Review · 1982
  5. United States v. GambiniU S Air Force Court of Military Review · 1980

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

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