United States v. Andrews

Opinion of the Court

Quinn, Chief Judge:

As presented by the certificate from The Judge Advocate General of the Navy, the question for our decision is:

“Was the Board of Review correct in holding that the president’s instruction prescribing the maximum forfeitures as a ‘forfeiture of two-thirds pay for six months’ placed a legal limitation upon the sentencing power of the court-martial which precluded the imposition of any forfeiture penalty the total amount of which exceeds two-thirds of one months pay?”

Arraigned before a special court-martial, the accused pleaded guilty to, and was found…