Legal Opinion

United States v. Overton

United States Court of Military Appeals

Decided October 3, 1958No. 11,082PublishedCited by 16 opinions

1Opinion of the Court

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

In a common trial with two other prisoners in the post stockade, the accused entered a plea of guilty and was convicted of willful disobedience of a lawful order by a Captain P. G. Kelly “to go to work.” No evidence was offered in mitigation and he was sentenced to a dishonorable discharge, total forfeitures, and confinement at hard labor for five years. The convening authority reduced the confinement to two years but otherwise affirmed the sentence. A board of review also affirmed the conviction. Now the accused contends the court-martial did…

2Cases cited4 opinions

  1. In Re MorrisseySupreme Court of the United States · 1890
  2. United States v. GarciaUnited States Court of Military Appeals · 1954
  3. United States v. BlantonUnited States Court of Military Appeals · 1957
  4. United States v. JohnsonUnited States Court of Military Appeals · 1955

3Cited by16 opinions

  1. United States v. HoutUnited States Court of Military Appeals · 1970
  2. United States v. WagnerUnited States Court of Military Appeals · 1978
  3. United States v. BakerUnited States Court of Military Appeals · 1963
  4. United States v. HarrisonU.S. Navy-Marine Corps Court of Military Review · 1977
  5. United States v. BobkoskieU.S. Navy-Marine Corps Court of Military Review · 1977

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