United States v. Smith

Opinion of the Court

HOMER FERGUSON, Judge:

Tried by special court-martial on March 4, 1959, the accused was, pursuant to his plea, found guilty of larceny of a radio, valued at $35.00, and sentenced to bad-conduct discharge, forfeiture of $30.00 per month for six months, and confinement at hard labor for six months. On March 9, 1959, a rehearing was ordered by the convening authority in view of inconsistencies between accused’s plea of guilty and statement in mitigation. The rehearing was held on March 13, 1959. Accused pleaded not guilty but was nevertheless convicted and sentenced to the…