United States v. Dimberio

OPINION OF THE COURT

SCHLEGEL, Judge:

A general court-martial composed of officer and enlisted members convicted the appellant of assaulting his infant son with a means or force likely to cause death or grievous bodily harm in violation of Article 128, UCMJ, 10 U.S.C. § 928.1 The members sentenced him to a bad-conduct discharge, confinement for 9 months, forfeiture of all pay and allowances, and reduction to E-l. The convening authority approved the sentence as adjudged. The appellant alleges that the evidence is legally and factually insufficient to sustain his conviction, that the military…