United States v. Frierson

OPINION OF THE COURT

De GIULIO, Judge:

Contrary to his pleas, a special court-martial composed of officer and enlisted members found appellant guilty of wrongful sale of military property in violation of Article 108, Uniform Code of Military Justice, 10 U.S.C. § 908 (1982). He was sentenced to a bad-conduct discharge, forfeiture of $426.00 pay per month for six months and reduction to Private E-l. The convening authority approved the sentence.

Appellant alleges that he was denied a fair trial because one or more of the members of his court-martial either fell asleep or were inattentative. We…