United States v. Clark

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused was convicted of aggravated assault, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. The principal contested issue at the trial was whether the accused or someone else cut the victim during a street fight. In the post-trial advice to the convening authority, the staff legal officer summarized the evidence for both the Government and defense, but did not give any reason for his recommendation that the evidence established the accused’s guilt beyond a reasonable doubt. Before the board of review, the…