United States v. Herring

DECISION

HODGSON, Chief Judge:

The appellant was convicted of multiple larcenies and wrongfully communicating a threat. He was sentenced to a bad conduct discharge, confinement for four months, forfeiture of $310.00 per month for four months and reduction to airman basic. Appellate defense counsel invite our attention to the Article 38(c) * brief submitted by the trial defense counsel in which he asserts seven assignments of error. The one warranting extended discussion is discussed below.

I

Citing O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), the appellant argues that…