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· 5/15/1856

Roe v. Crescent Mutual Insurance

Citations

  • 11 La. Ann. 408

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing the general policy of joining all possible charges into a single court-martial
  • offenses may be multiplicious even with different elements, if each is drafted so as to encompass the elements of proof alleged in the other
  • Congress did not intend that service-members be charged and found guilty of attempted murder and assault with intent to commit murder arising out of the same act.
  • “Regardless of whether the dismissal was with or without prejudice, the military judge ‘terminate[d] the proceedings with respect to a charge or specification’ when he dismissed the assault offenses . . . .”
  • “In the military . . . the ‘unitary’ sentence precludes concurrent sentencing.”
  • assault with intent to commit murder by stabbing with a knife, assault with a dangerous weapon, i.e., the knife, and assault intentionally inflicting grievous bodily harm by stabbing are lesser-included offenses of attempted murder by stabbing with a knife

Source: CourtListener parenthetical corpus (CC0).

Judges: Merrick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.