United States v. Newson

OPINION OF THE COURT

SMITH, Judge:

Appellant was tried by a special court-martial composed of officer and enlisted members and, contrary to his pleas, found guilty of assault consummated by a battery in violation of Article 128, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 928. His sentence to reduction to *721the lowest enlisted grade, confinement for three months, and a bad-conduct discharge was approved by the convening authority. Appellant alleges, inter alia, that the military judge committed error when he permitted trial counsel to exercise a “conditional” peremptory…