United States v. Scott

Opinion of the Court

Darden, Chief Judge:

A day of drinking ended with Corporal Scott’s knifing a fellow soldier. A special court-martial found Scott guilty of assault with a dangerous weapon, an offense included within the original charge of assault by intentionally inflicting grievous bodily harm. The court found him not guilty of another charge alleging the wrongful possession of marihuana.

For sentencing purposes, the prosecution introduced the record of a prior special court-martial conviction for two assaults (Prosecution Exhibit 6) and the records of two Article 15 punishments, one for…