United States v. Schwade

DECISION

ORSER, Judge:

Tried by a special court-martial, with members, the accused was convicted, despite his not guilty pleas, of the larceny of a television set and failure to go at the time prescribed to his appointed place of duty, in violation of Articles 121 and 86, 10 U.S.C. §§ 921 and 886, Uniform Code of Military Justice. The approved sentence provides for a bad conduct discharge and forfeiture of $150.00 per month for two months.

On appeal, appellate defense counsel have assigned three errors for our consideration. We find merit in but one, a contention that the military judge erred in…