United States v. Witherspoon

Opinion of the Court

This case is before us for á second time. Originally, we reversed the decision of the board of review and returned the record of trial for reassessment of sentence in order to purge the harm occasioned by the president’s erroneous instructions on the maximum sentence. United States v. Witherspoon, 12 USCMA 177, 30 CMR 177. When the matter was again before the board of review, it reconsidered the question of the sentence to be approved without affording the accused his right to be represented by counsel before the board. This action was prejudicial and requires a new…