United States v. Hensley

Judge GIERKE

delivered the opinion of the Court.

A military judge sitting as a special court-martial convicted appellant, pursuant to his pleas, of attempted larceny and larceny, in violation of Articles 80 and 121, Uniform Code of Military Justice, 10 USC §§ 880 and 921, respectively. The adjudged and approved sentence provides for a bad-conduct discharge, confinement and forfeitures for 3 months, and reduction to the lowest enlisted grade. The Court of Criminal Appeals affirmed.

Our Court granted review of the following issue:

WHETHER THE LOWER COURT ERRED IN FINDING THAT IT WAS NOT PLAIN ERROR…