United States v. Toney

Opinion of the Court

The petitioner appeals from his sentence to a bad-conduct discharge, confinement at hard labor for three months, and forfeiture of $45.00 per month for a like period, following his conviction for the offense of assault and battery under Article 128, Uniform Code of Military Justice, 10 USC § 928.

We find merit in his appeal. The maximum imposable punishment for this offense, standing alone, is confinement at hard labor for six months and forfeiture of two-thirds pay for six months. However, as in this case, where an accused is found guilty of an offense or offenses for none…