United States v. Phipps

Opinion of the Court

HomeR FeRGUson, Judge:

Tried by special court-martial, the accused was found guilty of uttering a worthless check with intent to deceive, in violation of Uniform Code of Military Justice, Article 134, 10 USC § 934, and wrongful appropriation in violation of Code, supra, Article 121, 10 USC § 921. He was sentenced to a bad-conduct discharge. Intermediate appellate authorities affirmed, and we granted accused’s petition for review on the issue whether it was correct for the trial counsel to advise the court-martial that the only discharge it could impose was a bad-conduct…