United States v. Schwartz

Opinion of the Court

In part, the accused was convicted of a battery upon a stockade guard and attempted escape from confinement. At the trial, which was before a military judge, the two offenses were regarded as separately punishable. However, the circumstances of the commission of the offenses indicate they were so united in purpose and execution as to be “multiplicious for punishment.” United States v Pearson, 19 USCMA 379, 381, 41 CMR 379 (1970).

In his sentence argument, defense counsel contended that the circumstances should “prompt” the judge to “separate . . . [the accused] from the…