2 M.J. 16 | United States Court of Military Appeals | 1976
Lead Opinion
Opinion of the Court
The appellant, found guilty by general court-martial consonant with his pleas, of conspiracy to commit robbery, robbery, and kidnapping,
The decision of the United States Navy Court of Military Review is reversed. The findings as to Charges II and III are set aside and the same are dismissed. The record is returned to the Judge Advocate General for remand to the Court of Military Review for action on the sentence in accordance with this decision.
. Charges I, II, and III, respectively, in violation of Articles 81, 122, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 922, and 934.
Dissenting Opinion
(dissenting):
For the reasons set out in my dissent in United States v. Hedlund, 2 M.J. 11 (1976), I would affirm the decision of the United States Navy Court of Military Review.