United States v. DiGiulio

OPINION OF THE COURT

CARNE, Senior Judge:

The appellant and PFC Ezzard C. Sims were tried in common by a military judge sitting as a general court-martial. Each was charged with absence without leave from guard post, drunk while on duty, robbery of a soldier, wrongful communication of a threat, and abduction of a soldier.1 They were found guilty of robbery and unlawful restraint, a lesser included offense under the abduction charge.2 Both were found not guilty of the other charges. The appellant’s adjudged and approved sentence was a bad-conduct discharge, confinement at hard labor for 18…