United States v. Jackson

OPINION OF THE COURT

JONES, Senior Judge:

Charged with robbery, a violation of Article 122, Uniform Code of Military Justice, 10 U.S.C. § 922, the appellant pleaded guilty to the lesser included offense of larceny in violation of Article 121, UCMJ, 10 U.S.C. § 921.1 The military judge, after hearing the evidence, returned a finding of guilty by exceptions and substitutions of extortion in violation of Article 127, UCMJ,' 10 U.S.C. § 927. The appellant contends that the finding as to extortion will not lie as that offense is not included within the offense of robbery.

A court may properly find an…