United States v. O'Brien

Opinion of the Court

Paul W. Brosman, Judge:

A general court-martial convened at Munich, Germany, convicted the accused, O’Brien, of premeditated murder — the offense proscribed by Article 118 (1) of the Uniform Code of Military Justice, 50 USC §712(1) — and adjudged the supreme penalty. Review by the convening authority and by a board of review in the office of The Judge Advocate General, United States Army, has left the conviction and sentence outstanding. Further consideration by this Court is mandatory in such cases. Uniform Code, supra, Article 67(b)(1), 50 USC § 654(b)(1).

II

Among the…