United States v. Jette

DECISION

FORAY, Senior Judge:

A special court-martial, with members, convicted the accused of an assault consummated by a battery, in violation of Article 128, U.C.M.J., 10 U.S.C. § 928. The approved sentence extends to a bad conduct discharge, confinement for six months, forfeiture of $200.00 per month for six months, and reduction to airman. The portion of the sentence extending to a bad conduct discharge was suspended until 27 October 1985, with provision for automatic remission unless sooner vacated.

Appellate defense counsel claim there is a question as to whether the court-martial that…