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Legal Opinion

United States v. McCarthy

United States Court of Military Appeals

Decided August 5, 1960No. 13,950PublishedCited by 24 opinions

1Opinion of the Court

Opinion of the Court

Homer FERGUSON, Judge:

The accused was found guilty of larceny, in violation of Uniform Code of 'Military Justice, Article 121, 10 USC § 921, and false swearing, in violation of Code, supra, Article 134, 10 USC § 934. He was sentenced to dismissal .and total forfeitures. Intermediate appellate authorities affirmed, and we granted review solely on the issue whether specification 1 of Charge II is sufficient to allege the offense of false swearing. Under our authority to notice plain error in order to avoid a miscarriage of justice, however, our examination of the record…

2Cases cited10 opinions

  1. United States v. MamaluyUnited States Court of Military Appeals · 1959
  2. United States v. JacksonUnited States Court of Military Appeals · 1955
  3. United States v. SchreiberUnited States Court of Military Appeals · 1955
  4. United States v. ClaypoolUnited States Court of Military Appeals · 1959
  5. United States v. GuestUnited States Court of Military Appeals · 1953

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3Cited by24 opinions

  1. United States v. CrouchUnited States Court of Military Appeals · 1981
  2. United States v. HarveyUnited States Court of Military Appeals · 1970
  3. United States v. BurroughsUnited States Court of Military Appeals · 1982
  4. United States v. BuchanaUnited States Court of Military Appeals · 1970
  5. United States v. GosselinCourt of Appeals for the Armed Forces · 2006

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