United States v. Jenkins

DECISION

ORSER, Judge:

Tried by a special court-martial, which included enlisted members, the accused was convicted of attempted larceny, conspiracy to commit larceny and housebreaking, in violation of Articles 80, 81 and 130, 10 U.S.C. §§ 880, 881, 930, respectively, of the Uniform Code of Military Justice. The approved sentence is a bad conduct discharge, confinement at hard labor for three months, forfeiture of $200.00 per month for three months and reduction to the grade of airman basic.

We agree with appellate defense counsel that the military judge abused his discretion in permitting a…