United States v. Margetta 7 C.M.A. 692, 23 C.M.R. 156, 7 USCMA 692

7 C.M.A. 692 • 23 C.M.R. 156 • 7 USCMA 692

UNITED STATES, Appellee v MATHEW G. MARGETTA, Airman Second Class, U. S. Air Force, Appellant

7 USCMA 692, 23 CMR 156

No. 9490

Decided April 5, 1957

Lieutenant Colonel Stanley S. Butt and Captain Norman J. Nelson were on the brief for Appellant, Accused.

Lieutenant Colonel Francis P. Murray and Captain Lawrence J. Gross were on the brief for Appellee, United States.

Opinion of the Court

Per Curiam:

A board of review affirmed two of the three specifications, alleging violations of Article 134 of the Uniform Code of Military Justice, 10 USC ยง 934, of which a special court-martial convicted the accused. The material allegations in these specifications are the same as those which, in United States v Lightfoot, 7 USCMA 686, 23 CMR 150, we held were legally insufficient. Accordingly, the decision of the board of review is reversed. The findings of guilty are set aside, and the Charges are ordered dismissed.

United States v. Margetta
7 C.M.A. 692 • 23 C.M.R. 156 • 7 USCMA 692

Case Details

Name
United States v. Margetta
Decision Date
Apr 5, 1957
Citations

7 C.M.A. 692

23 C.M.R. 156

7 USCMA 692

Jurisdiction
United States
Court
United States Court of Military Appeals

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