United States v. Phillips

OPINION OF THE COURT ON FURTHER REVIEW

KAPLAN, Judge:

HISTORY OF THE CASE

A general court-martial composed of officer and enlisted members convicted the *599appellant on 12 July 1995, after a fully contested trial on the merits, of assault consummated by a battery on his son, a child under the age of sixteen, in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928 [hereinafter UCMJ].1 The convening authority approved the adjudged sentence of a bad-conduct discharge, confinement for two years, and reduction to Private El.

The case came before this court in due course for…