United States v. Berry

OPINION OF THE COURT

FULTON, Judge:

Appellant was tried by a special court-martial with members for assaulting a fellow soldier (an acting sergeant assigned to appellant’s barracks) by striking him in the face with a means likely to produce grievous bodily harm, namely, a football trophy 18 inches tall. The appellant denied using the trophy or any other weapon and further contended that his participation in the fight was entirely in self-defense. He was convicted and sentenced to a bad-conduct discharge without confinement or forfeitures. Considered by the court in arriving at the sentence were…