United States v. Witherspoon

*589OPINION OF THE COURT

O’DONNELL, Judge:

At his trial by general court-martial at Fort Ord, California, the appellant was convicted of rape in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920. His approved sentence includes a bad-conduct discharge, confinement at hard labor for two years, partial forfeitures for two years, and reduction to the lowest enlisted grade.

During the voir dire portion of the trial, the defense counsel asked the court-members if they felt they were “in any way racially prejudiced.” The military judge stated that he did not see how the members…