United States v. Seward

Opinion of the Court

COX, Chief Judge:

Appellant originally was tried on May 16, 1996, by a general court-martial composed of officer and enlisted members, but the military judge granted a defense motion for mistrial. Appellant had entered pleas to two specifications of wrongful appropriation, Article 121, Uniform Code of Military Justice, 10 USC § 921, and the Government was attempting to prove appellant guilty of the two greater specifications of larceny, as alleged on the charge sheet. The mistrial occurred during the close of the Government’s case-in-chief.

After the mistrial was declared,…