United States v. Smith

SANDERS, Senior Judge:

Contrary to his pleas, appellant was convicted by military judge sitting alone of the unpremeditated murder of [A] and was sentenced to confinement at hard labor for 40 years, total forfeitures, reduction to pay grade E-l and a dishonorable discharge. The sentence was approved by the convening authority.

We find no merit in appellant’s four assignments of error.

I

APPELLANT WAS DENIED HIS RIGHT TO SPEEDY TRIAL UNDER ARTICLE 10, UCMJ, 10 U.S.C. § 810.

On 5 April 1981 appellant was confined by U.S. Naval authorities as the prime suspect for the murder of [A]. Since the…