United States v. Hubert

OPINION OF THE COURT

DE FIORI, Chief Judge:

In a contested case tried before a court with eight members, appellant was found guilty, inter alia, of the offenses of rape and kidnapping. He was sentenced to a dishonorable discharge, confinement at hard labor for 40 years, and total forfeitures. The convening authority approved the sentence as adjudged. Of the four errors assigned on appellant’s behalf, two require discussion.

I

After announcing the assembly of the court, the military judge ascertained that all the court members had previously sat as members either of a general or a special…