United States v. Murgaw

Opinion of the Court

Paul W. Brosman, Judge:

The petitioner, Murgaw, was convicted by general court-martial of desertion, in violation of Article of War 58, 10 USC § 1530. The offense was committed prior to the effective date of the Uniform Code of Military Justice, 50 USC §§ 551-736, but the trial was held thereafter.

After the court had retired to deliberate on the sentence, it returned to ask a question of the law officer:

“PRES: The question is the court would like to know whether we can adjudge a sentence in excess of 6 months without a dishonorable discharge, in view of the fact that the…