United States v. Bentley

Opinion of the Court

George W. Latimer, Judge:

This cause is before us following our grant of the petition for review filed by the accused. Two issues were framed. One of the issues is controlled by our holding in United States v. Thompson, 3 USCMA 620, 14 CMR 38, decided this day, and the other is governed by the principle found in United States v. Floyd, 2 USCMA 183, 7 CMR 59.

Accused was found guilty by a general court-martial of assault with intent to commit murder and unlawfully carrying a concealed weapon, both in violation of Article 134, Uniform Code of Military Justice, 50 USC § 728. He…