United States v. Tavares

Opinion of the Court

HOMER FeRGüson, Judge:

Accused was found guilty of rape, in violation of Article 120, Uniform Code of Military Justice, 10 USC § 920, and sentenced to dishonorable discharge, total forfeitures, and confinement at hard labor for ten years. By way of stipulation, the testimony of a psychiatrist was received in mitigation. This testimony was to the effect that the psychiatrist had found the accused to be:

“. . . [L]egally sane, i.e. he knows right from wrong and is able to adhere to the right, his moderately mixed-up condition is such that his ability to adhere to the right is…