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Findings - 14134_57
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General Content and Arrangement
Sample  finding  in  case  of  one  Charge  with  one  Specification  thereunder,  of which the court found the accused guilty with exceptions and substitutions: Of  the  Specification  of  the  Charge: Guilty,  except  the  words  “in  the nighttime  burglariously  break and enter” and “with intent to commit   larceny   therein”, substituting therefor the words “unlawfully   enter”   and   “with intent  to  commit  a  criminal offense, to wit: Willful damage military   property   therein”;   of the excepted words, Not guilty, of the substituted words, Guilty. Of the Charge: Not  guilty,  but  guilty  of  a violation of Article 130. Sample  finding  where  there  are  several  Charges  and  Specifications  thereunder and the finding of the court is guilty to all the Charges and Specifications: Of  all  Specifications  and  Charges: Guilty. If three charges and specifications were deliberated upon by the court, and the finding of the court was guilty as to the first and third charges with their specifications,  but  not  guilty  to  the  second  charge  and  its  specification,  the following  is  the  manner  in  which  the  findings  should  be  recorded: Of Charges I and III and the Specifications   thereunder: Guilty. Of Charge II and the Specification   thereunder: Not  guilty. If five charges were referred to trial and a motion for a finding of not guilty was sustained as to Charge II, the CA withdraws Charge IV after arraignment, the accused  pleads  guilty  to  Charge  I  and  the  court  found  the  accused  guilty  of Charge III and its specification, but not guilty of Charge V and the specification thereunder, the findings would be set out as follows: Of Charges I and III and the Specifications   thereunder: Guilty. Of Charge V and the Specifications   thereunder: Not  guilty. No mention should be made in the findings as to withdrawn charges or charges upon which a determination of not guilty has previously been made by the  court. In an appropriate case, where the accused is found not guilty of all charges and  specifications,  or  of  the  charge  and  specification,  amounting  to  an  acquittal, the findings need not be indented or blocked, but should instead appear as one continuous statement by the president as shown in the following example: PRES: Doe, it is my duty as presidentof this court to advise you that the court in closed session and upon secret written ballot has found you not guilty of (the) (all)  Specification  and  Charge(s). 3-14

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