United States v. Mitchell

United States Court of Military Appeals

United States v. Mitchell

17 C.M.A. 351, 17 USCMA 351, 38 C.M.R. 149, 1968 CMA LEXIS 340, 1968 WL 5354

CourtUnited States Court of Military Appeals

DecidedJanuary 12, 1968

DocketNo. 20,650

StatusPublished

This text of 17 C.M.A. 351 (United States v. Mitchell) 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.

Bluebook

United States v. Mitchell, 17 C.M.A. 351, 17 USCMA 351, 38 C.M.R. 149, 1968 CMA LEXIS 340, 1968 WL 5354 (cma 1968).

Pincite

Opinion

Opinion of the Court

FeRGüson, Judge:

Despite the evidence presented in extenuation and mitigation, the law officer’s instructions on the maximum sentence were limited to a statement of the possible penalty and the mechanics of voting. This was error and, under the circumstances, prejudicial to the substantial rights of the accused. 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 Army. The board may reassess the sentence in light of the error or order a rehearing thereon.

Chief Judge Quinn and Judge Kil-day concur.

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