United States v. Johnson

Opinion of the Court

Quinn, Chief Judge:

Of the several offenses of which the accused stands convicted by general court-martial,1 only one is in issue.

Specification 3 of Charge III alleges the accused committed an assault upon Sergeant Wayne G. Barrett by striking at him with a club, a means likely to produce grievous bodily harm, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. Initially, the accused entered a plea of *386guilty; but after he testified on the merits, the law officer vacated the plea and directed the entry of a plea of not guilty because the accused’s…