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Legal Opinion

United States v. Herberg

United States Court of Military Appeals

Decided February 26, 1965No. 17,928 & No. 18,028PublishedCited by 21 opinions

1Opinion of the Court

Opinion of the Court

Kilday, Judge:

Appellants, tried jointly, were charged with attempted murder. They were found not guilty as charged but guilty of assault with a dangerous weapon, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928, for shooting at a motorist. Their sentences were almost identical, three years confinement at hard labor and total forfeitures; however, Herberg was sentenced to a bad-conduct discharge and Hughes a dishonorable discharge. Intermediate reviewing authorities affirmed the convictions and sentences and we granted their petitions to consider…

2Cases cited22 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 1948
  2. Draper v. United StatesSupreme Court of the United States · 1959
  3. Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
  4. Preston v. United StatesSupreme Court of the United States · 1964
  5. Stoner v. CaliforniaSupreme Court of the United States · 1964

17 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. United States v. RushingUnited States Court of Military Appeals · 1967
  2. United States v. ThomasUnited States Court of Military Appeals · 1966
  3. United States v. DeckerUnited States Court of Military Appeals · 1966
  4. United States v. AlstonUnited States Court of Military Appeals · 1971
  5. United States v. GarlichUnited States Court of Military Appeals · 1965

16 more not listed; retrieve them via the Exa API.

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