United States v. Smith

OPINION OF THE COURT

Contrary to his pleas, appellant was convicted of aggravated kidnapping, communicating a threat, and assault consummated by a battery, in violation of Articles 134 and 128, Uniform Code of Military Justice (U.C. M.J.), 10 U.S.C. §§ 934 and 928, respectively. Appellant was tried at Fort Bliss, Texas. The sentence as approved provided for a bad-conduct discharge, confinement at hard labor for one year, forfeiture of all pay and allowances and reduction to Private E-l.

The kidnapping offense was charged under Article 134, UCMJ, as a violation of Texas, Penal Code Annotated §…