United States v. Smith

Opinion of the Court

PAUL W. BROSMAN, Judge:

The accused was tried by general court-martial under a specification alleging assault with a dangerous weapon, in violation of the Uniform Code of Military Justice, Article 128(5) (1), 50 USC § 722. He was .sentenced to receive a dishonorable discharge, to total forfeitures, and to confinement at hard labor for one year. The findings and sentence were affirmed by intermediate reviewing authorities, and we have granted the accused’s petition for review, in order that we may. determine *43the sufficiency of the evidence to support the conviction.

II

During…