United States v. Horner
This text of 1 M.J. 227 (United States v. Horner) 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
OPINION OF THE COURT
At petitioner’s trial by special court-martial, the military judge failed to instruct the court on the sentence voting procedures provided by paragraph 76b (2), Manual for Courts-Martial, United States, 1969 (Rev). In light of the punitive discharge imposed in this case, a rehearing on the sentence is required. United States v. Johnson, 18 U.S.C.M.A. 436, 40 C.M.R. 148 (1969).
Accordingly, the decision of the U.S. Army Court of Military Review as to the sentence is reversed. The record of trial is returned to the Judge Advocate General of the Army. A rehearing on sentence may be ordered.
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Cite This Page — Counsel Stack
1 M.J. 227, 1975 CMA LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-horner-cma-1975.