United States v. Cottrell
This text of 17 C.M.A. 485 (United States v. Cottrell) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[486]*486Opinion of the Court
It appears from the record that, although matters in mitigation and extenuation of guilt were presented by the accused, the president’s instructions on sentence were limited to a statement of the maximum punishment and the effect of multiplicity. This was error and, under the circumstances, prejudicial to the accused’s substantial rights. United States v Wheeler, 17 USCMA 274, 38 CMR 72.
The decision of the board of review is reversed, and the record of trial is returned to the Judge Advocate General of the Navy. The board may reassess the sentence or order a rehearing thereon.
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Cite This Page — Counsel Stack
17 C.M.A. 485, 17 USCMA 485, 38 C.M.R. 283, 1968 CMA LEXIS 283, 1968 WL 5395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cottrell-cma-1968.