United States v. Turner

Opinion of the Court

Quinn, Judge:

This appeal raises questions regarding the use and effect of evidence of previous disciplinary punishment under Article 15, Uniform Code of Military Justice, 10 USC § 815.

At a special court-martial consisting of a military judge without court members, the accused was ac-quitted of two charges, but convicted of assault with a switchblade knife, in violation of Article 128, Code, supra. During sentence proceedings, trial counsel offered a previous record of punishment under Article 15 for wrongful possession of a switchblade knife. Since the accused had been…