United States v. Gilley

Opinion of the Court

Ferguson, Judge:

The Judge Advocate General of the Army has certified two questions to this Court concerning the propriety of the board of review’s action in setting aside and dismissing a purported finding of guilty of assault and battery, in violation of Uniform Code of Military Justice, Article 128, 10 USC § 928. The accused remains properly convicted of two specifications of indecent assault, in violation of Code, supra, Article 134, 10 USC § 934, and the board held that the dismissed count had no impact upon the sentence as adjudged and approved below.

Under the…