United States v. Linyear

GLADIS, Judge:

Appellant stands convicted of assaulting a fellow Marine and communicating insulting language to a female, in violation of Articles 128 and 134, 10 U.S.C. §§ 928 and 934. The sentence as approved below consists of a bad conduct discharge, confinement at hard labor for 2 months, forfeiture of $240 per month for 2 months, and reduction to pay grade E-l.

Appellant initially assigned the following errors:

I. IN VIEW OF THE TESTIMONY OF FIRST SERGEANT BOYD THAT APPELLANT WAS ASSIGNED TO THE RIFLE RANGE (R. 21-22) AND THE MILITARY JUDGE’S ADMISSION OF THE OBVIOUS HEARSAY TESTIMONY OF…