United States v. Witherspoon

Opinion of the Court

Homer Ferguson, Judge:

At a rehearing before a special court-martial, the accused was found guilty of a number of offenses, in violation of the Uniform Code of Military Justice. Following the findings of guilty, the president adverted to the fact that the trial was a rehearing and informed the court-martial that it must also sentence the accused for another charge and specification, alleging breach of restriction, in violation of Code, supra, Article 134. Accused had pleaded guilty to this offense at his original trial, had been found guilty, and the findings had been…