United States v. Oakes

Opinion of the Court

HomER FERGUSON, Judge:

This is a general court-martial in which the accused was arraigned, tried, and found guilty for the wrongful sale of Government property, in violation of Uniform Code of Military Justice, Article 108, 10 USC § 908. He was sentenced to bad-conduct discharge, forfeiture of all pay and allowances, confinement at hard labor for twelve months, and reduction to the lowest enlisted grade. The convening authority approved the penalty as adjudged. The board of review set aside the findings and sentence and ordered a rehearing on the basis that the evidence was…