United States Court of Military Appeals January 27, 1967, No. 19,825 (United States v. Schultz)

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United States · · · 27-01-1967

Opinion of the Court

Per Curiam:

Two specifications purporting to charge an unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, were laid against the accused. One contains no allegation to indicate the absence was without authority. The omission is fatal to the legal sufficiency of the specification. United States v Fout, 3 USCMA 565, 13 CMR 121.

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