United States v. Austin

DECISION

HERMAN, Judge:

A general court-martial composed of a military judge convicted the accused of two specifications of larceny, in violation of the Uniform Code of Military Justice, Article 121, 10 U.S.C. § 921. The approved sentence is bad conduct discharge, confinement at hard labor for 11 months, total forfeitures and reduction to airman basic.

During the presentencing proceedings at trial, a special court-martial order was admitted, over defense objection, to show a previous conviction for wrongful sale of marihuana. Appellate defense counsel claim the conviction was not “previous”…