United States v. Shropshire

OPINION OF THE COURT

RIVES, Judge:

Appellant was convicted, on mixed pleas, of a total of seven specifications that all relate to his drunk and disorderly conduct one evening. His approved sentence is a bad-conduct discharge, confinement for 60 days, forfeiture of $250 pay per month for 2 months, and reduction to E-l. He alleges that the evidence is insufficient to sustain his conviction for use of provoking words. We agree.

The offensive words at issue were, “Here’s another nigger,” and “I am going to kill you nigger.” They were directed towards a security policeman then in the execution of his…