United States v. Payne

Opinion of the Court

Robert E. Quinn, Chief Judge:

A special court-martial convicted the accused of wrongfully using provoking speech, in violation of Article 117, Uniform Code of Military Justice, 10 USC § 917. On the basis of four previous convictions by summary courts-martial within one year of the date of the commission of the offense charged,1 the court sentenced the accused to a bad-conduct discharge, partial forfeiture, and confinement at hard labor for six months. Executive Order 10565, September 28, 1954, 19 FR 6299. In his post-trial review of the sentence, the staff judge advocate to…