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avoid pursuers becomes an accessory after the fact to the prisoner’s escape.
Provisions include transportation, clothing, money, or any other necessities.
Art. 79. Conviction of Lesser Included Offense
An accused maybe found guilty of an offense necessarily included
in the offense charged or of an attempt to commit either the offense
charged or an offense necessarily included therein.
A military tribunal may only try a person who has been charged with
violating a particular article or articles of the UCMJ. Quite simply, if a person
committed what is considered a crime but the code did not include that crime
in one of its punitive articles, no court-martial could try him or her. Articles
77, 78, 80, 81, and 82 of the code, thus, encompass persons who may not
have taken an active part in or successfully committed an offense. These
articles permit persons to be tried for being an accomplice in a crime, even
though the crime isn’t included in the UCMJ.
Article 79 goes a step further by authorizing the finding of guilty of a lesser
included offense when a finding of guilty cannot be sustained for the offense
charged. For this reason, a charge has three permissible findings: guilty; not
guilty; not guilty, but guilty of a violation of article .
The key words in article 79 are “offense necessarily included in the
offense charged.” For example, a violation of article 85 (Desertion) “with
intent to remain away therefrom permanently”—invariably is also an
uncharged violation of the lesser charge of article 86 (Absent without leave).
Proving that an accused deserter had no intention of ever returning might
be impossible. But the date the person absented himself or herself and the
date the person (was) returned to military jurisdiction are clear. Thus, many
deserters are, for lack of proof of intent, found not guilty, but guilty of a
violation of article 86.
Other examples of what generally are held to be lesser included offenses
contained in a principal offense include the following:
Article
83
94
94
95
118
122
124
Principal Offense
Fraudulent enlistment,
appointment, or separa-
tion
Mutiny
Sedition
Breach of arrest
Murder
Robbery
Maiming
Article
3
92
116
134
119
121
128
Lesser Included Offense
Jurisdiction to try certain
personnel
Failure to obey lawful order
Breach of the peace
Breach of restriction
Manslaughter
Larceny
Assault with a dangerous
weapon
6-12
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