United States v. Arnold

Opinion of the Court

Quinn, Judge:

We granted the accused’s petition for review to consider the effect of the omission of certain material from the staff judge advocate’s post-trial advice to the convening authority.

Private First Class Eugene Jenkins and the accused were tried in common, on May 21, 1970, by a military judge, sitting as a special court-martial without court members, for offenses arising out of an interchange between two groups of soldiers. One specification was dismissed for insufficient evidence of guilt, but the accused was convicted of two specifications of battery and a…