United States v. Brazil

OPINION OF THE COURT

FELDER, Judge:

In January 1976 the appellant pleaded guilty and was convicted of larceny committed in October 1975 and escape from custody committed in January 1976. He was sentenced to a bad-conduct discharge and confinement for two and a half months. Two issues that were not litigated at trial confront us for resolution.

The first one deals with the sanity of the appellant. Prior to trial at Fort Ord, California, a sanity board, consisting of a military doctor who was assisted by a civilian doctor, concluded that the appellant was legally sane. They evaluated him to be…