United States v. Crowell

OPINION OF THE COURT

THORNOCK, Judge:

Appellant was charged and convicted inter alia of a series of offenses stemming from the larceny of a truck from a fellow soldier.1 He was sentenced by the court members to a bad-conduct discharge, confinement at hard labor for six months and forfeiture of $75.00 pay per month for six months. He assigns two errors for our consideration on appeal. The first is that the military judge erred by not giving a sua sponte instruction on uncharged misconduct, and the second is that the judge further erred by permitting the prosecutor to present rebuttal evidence…