United States v. Wheeler

Opinion of the Court

DARDEN, Judge:

On February 13, 1970, a general court-martial found the appellant guilty of four specifications alleging larceny in violation of Article 121, Uniform Code of Military Justice, 10 USC § 921. The court sentenced him to a bad-conduct discharge, total forfeitures, confinement at hard labor for nine months, and reduction to the lowest enlisted grade. The convening authority approved the findings and sentence, but he suspended execution of the bad-conduct discharge and included a provision for automatic remission.

After a majority of a panel of the United States…