United States v. Davis

OPINION OF THE COURT

DeFORD, Judge:

The appellant, contrary to his pleas, was convicted of larceny and burglary in violation of Articles 121 and 129, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 921 and 929. His approved sentence included a bad-conduct discharge, confinement at hard labor for three months, and reduction to the grade of Private (E-l).

On appeal, appellant has assigned five errors that he believes justify reversal of his conviction. The Court finds only one error meritorious for the reasons hereafter set forth.

During the night of 7-8 October 1977 at Fort Rucker, Alabama,…