United States v. Mack

OPINION OF THE COURT

FELDER, Judge:

The appellant was convicted by a special court-martial of robbing Miss Jutta E. Benthier and assaulting a fellow soldier in two separate incidents. He was punished under the provisions of Articles 122 and 128, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 922 and 928. The sentence imposed by the military judge and approved by the convening authority is a bad-conduct discharge, confinement at hard labor for three months, forfeiture of $250.00 a month for three months and reduction to the grade of Private E — 1.

He asserted at the trial, and before this…