United States v. Marshall

Opinion of the Court

Paul W. BROSMAN, Judge:

Following his plea of guilty, the accused was convicted by special court-martial of sleeping on post, an offense proscribed by the Uniform Code of Military Justice, Article 113, 50 USC § 707. The court sentenced him to receive a bad-conduct discharge, to perform hard labor without confinement for 45 days, and'to be restricted to the limits of his ship for 60 days. However, at the same time, it purported to suspend the punitive discharge for a period of one year. The convening authority noted that he was aware of no precedent either supporting or…