United States v. Kelly

Opinion of the Court

GEORGE W. LatimeR, Judge:

The accused was convicted of violating five provisions of the Uniform Code of Military Justice. The issue which we consider in this instance occurred during the instructional phase of the accused’s trial and concerned a charge of communicating a threat, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934, Accord*27ingly, only those facts pertinent to this issue will be stated.

The accused was incarcerated in a military police station at Fort Dix, New Jersey, for creating a disturbance. While in a temporary detention cell, he…