United States v. Berry

Opinion of the Court

George W. Latimer, Judge:

The accused comes before us adjudged guilty of aggravated assault (intentional infliction of grievous bodily harm), in violation of Article 128, Uniform Code of Military Justice, 50 USC § 722. He was sentenced to dishonorable discharge, total forfeitures, and confinement for four years, and intermediate appellate agencies have af*642firmed. He urges four errors, which will be discussed seriatim.

At about 7:00 a.m., on January 1, 1955, the accused entered a unit billet in Panzer Kaserne, Boeblingen, Germany, and attempted to arouse Private Jenkins, a…