United States v. Sawyer

Opinion of the Court

The appellant was tried by a special court-martial and convicted as charged of an assault consummated by a battery, in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928. He was sentenced to a bad-conduct discharge,1 confinement at hard labor for 6 months, and forfeiture of $216 pay per month for 6 months. Both the convening authority and the supervisory authority approved the findings and the sentence, as did the United States Navy Court of Military Review. However, a rehearing is necessary because we agree with the appellant’s contention that the…