United States v. Smith

*232Opinion of the Court

Duncan, Judge:

On April 20, 1970, at approximately 5:00 p.m., the appellant became involved in a dispute with another soldier. After both had loudly argued, Private Smith was restrained from approaching his adversary. At about 5:30 p.m., Sergeant First Class Summers ordered the appellant, “that he [Smith] would be staying in the orderly room the remainder of that day and the night.” Sergeant Summers further admonished that “[t]he CQ [charge-of-quarters] was the only one who would give him permission to leave outside of myself,” and that “[h]e would be allowed to go to chow…