United States v. Spiva

Opinion of the Court

Robert E. Quinn, Chief Judge:

A special court-martial convicted the accused of dereliction of duty as a security sentry and larceny of a boat propeller of a value of $200.00, in violation, respectively, of Articles 92 and 121, Uniform Code of Military Justice, 10 USC §§ 892, 921. Although the Table of Maximum Punishments for these offenses carries confinement for five and one-half years, a special court-martial cannot impose confinement in excess of six months. Article 19, Uniform Code, supra, 10 USC § 819. However, the president of the court, without objection by either…