United States v. Foti

Opinion of the Court

GEORGE W. Latimer, Judge:

The instant ease was forwarded to this Court for review under the provisions of Article 67(b)(2), Uniform Code of Military Justice, 10 USC § 867, and involves an inquiry by The Judge Advocate General of the Army as to whether the board of review was correct in reassessing accused’s sentence. The latter was tried by a general court-martial for larceny of $75.00, in violation of Article 121, Uniform Code of Military Justice, 10 USC § 921. He pleaded not guilty to the alleged offense but guilty of the lesser crime of wrongful appropriation. After a…