United States v. Rutherford

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused was convicted by general court-martial of two specifications, each alleging the communication of a threat to kill his commanding officer, in violation of Article 134, Uniform Code of Military Justice, 50 USC § 728. He was sentenced to dishonorable discharge, total forfeitures, and confinement at hard labor for one year. Intermediate appellate tribunals have affirmed the findings and sentence. We granted the accused’s petition for review to determine three issues:

1. Whether communicating a threat constitutes a violation of Article…