United States v. Ortiz

Opinion of the Court

Darden, Judge:

The appellant was convicted for the wrongful use of morphine and for the larceny of morphine syrettes, in violation of Articles 134 and 121, Uniform Code of Military Justice, 10 USC §§ 934 and 921. His sentence now includes a dishonorable discharge, total forfeitures, and confinement at hard labor for eighteen months. The question before this Court is whether the law officer prejudiced Ortiz by failing to orally instruct the court on the required voting procedure during the sentencing portion of the trial.

The instruction — never orally given —became a part of…