United States v. Wirth

OPINION OF THE COURT

De GIULIO, Judge:

A military judge sitting as a general court-martial found appellant, pursuant to his pleas, guilty of assault consummated by a battery in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928 (1982). He was sentenced to a bad-conduct discharge, confinement for three months, forfeiture of $426.00 pay per month for three months, and reduction to Private E-l. The convening authority approved the sentence,

This court specified the following issue: WHETHER APPELLANT’S PLEA OF GUILTY TO CHARGE II AND ITS SPECIFICATION [ASSAULT CONSUMMATED BY…