United States v. Avery

OPINION OF THE COURT

O’DONNELL, Judge:

The appellant was originally convicted of unpremeditated murder on 1 November 1973 and sentenced to bad-conduct discharge, forfeiture of $272.00 pay per month for 240 months and confinement at hard labor for twenty years. This Court on appeal set aside the findings and sentence and authorized a rehearing because the trial judge improperly denied the appellant’s request for trial by judge alone. At the rehearing, the appellant, consistent with his pleas, was found guilty of the lesser included offense of involuntary manslaughter, in violation of Article…