United States v. Lackey

Opinion of the Court

GEORGE W. LatimeR, Judge:

The accused was tried upon a charge of absence without leave. Having found him guilty, the court-martial sentenced him to a bad-conduct discharge, total forfeitures and one year’s confinement. The period of incarceration was reduced to six months by the convening authority and the board of review affirmed the findings and sentence as modified. We granted the accused’s petition for review.

The fulcrum about which our decision pivots is trial counsel’s argument to the court members during the sentencing phase of the trial, wherein he stated :

“. . .…