United States v. Sparrow

Opinion of the Court

COX, Judge:

Tried by general court-martial, the accused was convicted, despite his pleas, of forcible sodomy of a child under the age of 16 years1 and false swearing, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934, respectively. The adjudged and approved sentence extends to a dishonorable discharge, confinement for 4 years, and total forfeitures. Finding that defense counsel did not have an opportunity to comment on “new matter” contained in the recommendation of the staff judge advocate, the Court of Military Review ordered a…