United States v. Andrews

OPINION OF THE COURT

DIXON, Chief Judge:

Appellant stands convicted by general court-martial, contrary to his pleas, of assault with intent to inflict grievous bodily harm and burglary. His approved sentence consists of a dishonorable discharge, confinement for 8 years, total forfeitures and reduction to E-l. We find error prejudicial to the appellant’s substantive rights and set aside the findings and sentence.

Appellant raises nine assignments of error. In view of our disposition, however, only one requires discussion. It is:

WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF THE…