United States v. Blackowl

OPINION OF THE COURT

LEWIS, Judge:

Contrary to his pleas, the appellant was convicted of wrongful appropriation of an M-16 rifle and aggravated assault.1 His approved sentence extended to a dishonorable discharge, confinement at hard labor for two years, forfeiture of all pay and allowances, and reduction to the grade of Private (E-l).

He assigns as error the military judge’s implicit reference to preliminary instructions given outside the present trial. The record discloses the following remarks to the court after it was assembled: “Gentlemen, I’m not going to give you extensive preliminary…