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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No mention should be made in the findings as to withdrawn charges or charges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).
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