United States v. Schwartz

Opinion of the Court

HomeR FERGUSON, Judge:

We granted the accused’s petition for review on the single issue of whether the law officer's reference to paragraph 76 of the Manual for Courts-Martial, United States, 1951, on the court-martial’s sentence deliberations was prejudicial. The accused had been found guilty of conspiracy to commit larceny, and larceny, in violation of Articles 81 and 121 of the Uniform Code of Military Justice, 10 USC §§ 881 and 921, respectively. While instructing the court on sentence considerations, the law officer suggested that those members of the court “who are…