United States v. Averette
United States Court of Military Appeals
41 C.M.R. 363 (1970)
- Written by Salina Kennedy, JD
Facts
Raymond G. Averette (defendant), a civilian employee of an army contractor who lived and worked at a military installation in Vietnam during the Vietnam conflict, was accused of attempting to steal a large number of batteries owned by the United States government. Averette was tried by a court-martial and convicted of conspiracy to commit larceny and attempted larceny. The Court of Military Review affirmed the findings of the court-martial with some modifications. Averette appealed, arguing that the court-martial did not have jurisdiction to try him pursuant to Article 2(10) of the Uniform Code of Military Justice (UCMJ) because Congress had not declared the conflict in Vietnam a war.
Rule of Law
Issue
Holding and Reasoning (Darden, J.)
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