United States v. Murphy

DECISION UPON FURTHER REVIEW

LeTARTE, Chief Judge:

In our original, unpublished decision in this case, dated 3 March 1976, we affirmed the findings of guilty and the sentence after reducing the sentence to bad conduct discharge, forfeiture of $240.00 per month for 12 months and confinement at hard labor for 12 months. Thereafter, the United States Court of Military Appeals vacated our decision and remanded the record of trial to us with instructions to hold further proceedings in abeyance pending the Court’s disposition of the issue granted in United States v. McCarthy, 2 M.J. 26 (24 September…