United States v. Quintal

OPINION OF THE COURT

GARN, Judge:

The appellant was convicted by a general court-martial of larceny, housebreaking, disrespect toward an officer, and offering violence against and assaulting an officer, in violation of Articles 121, 130, 89, and 90, respectively, Uniform Code of Military Justice, 10 U.S.C. §§ 921, 930, 889 and 890. He was sentenced to a bad-conduct discharge, confinement at hard labor for two years, and forfeiture of all pay and allowances.

At his trial the appellant moved to dismiss the charges against him on the basis that, because he was ineligible to enlist and his recruiter…