United States v. Anderson

Opinion

FLETCHER, Judge:

Before the United States Navy Court of Military Review, appellant1 pointed out, as an assignment of error, that the certified record of trial contained the following erroneous instruction by the military judge:

Gentlemen, counsel will now present arguments on the sentence. I want to caution you that arguments do constitute evidence in this in this [sic] case. They are presented in an effort to assist you in determining a fair, just and appropriate sentence in this case.

This obvious instructional error was previously authenticated by the military judge *196and not commented…