United States v. Kirby

Opinion

PERRY,* Judge:

The appellee was convicted by a general court-martial of two specifications of larceny, in violation of Article 121, Uniform Code of Military Justice, 10 U.S.C. § 921. He was sentenced by the military judge to a dishonorable discharge, confinement at hard labor for 10 months, forfeiture of $100 pay per month for 10 months, and reduction to the lowest enlisted grade. The convening authority approved the findings, but permitted to stand only so much of the sentence as provided for a bad-conduct discharge, confinement at hard labor for 6 months, and reduction to the lowest…