United States v. Shelwood

EDWARDS, Judge:

Appellant has assigned four errors before this Court:

I

THE COURT-MARTIAL ORDER ERRONEOUSLY RECITES THE SENTENCE.

II

APPELLANT’S REQUEST FOR TRIAL BY MILITARY JUDGE ALONE WAS NOT “UNDERSTANDINGLY MADE” (MCM, 1969 (REV.), PARA. 53d) AND THEREFORE SHOULD NOT HAVE BEEN ACCEPTED BY THE MILITARY JUDGE.

Ill

PROSECUTION EXHIBIT 2 (A AND B) WERE INADMISSIBLE OVER DEFENSE OBJECTION ABSENT ANY SHOWING THAT APPELLANT HAD THE OPPORTUNITY TO REBUT THE ADVERSE SERVICE RECORD ENTRIES OR EVEN KNEW OF THE EXISTENCE OF ONE OF THEM.

*756IV

THE APPROVED SENTENCE IS INAPPROPRIATELY SEVERE.

We agree with…