United States v. Smith

Opinion of the Court

Quinn, Chief Judge:

A military judge sitting as a general court-martial without court members convicted the accused of a number of offenses in violation of the Uniform Code of Military Justice, including three specifications of conspiracy to commit aggravated assault upon other soldiers. On this appeal, the accused contends that the latter findings of guilty are legally insupportable. His principal contention is that the acquittal of “the two alleged co-conspirators as a matter of law demands [his] acquittal.”

The accused’s trial was held in January 1970. In material part,…