14 C.M.A. 226 | United States Court of Military Appeals | 1963
Opinion of the Court
The Judge Advocate General of the Army has certified two questions to this Court concerning the propriety of the board of review’s action in setting aside and dismissing a purported finding of guilty of assault and battery, in violation of Uniform Code of Military Justice, Article 128, 10 USC § 928. The accused remains properly convicted of two specifications of indecent assault, in violation of Code, supra, Article 134, 10 USC § 934, and the board held that the dismissed count had no impact upon the sentence as adjudged and approved below.
Under the circumstances, we deem the questions presented to be moot. Cf. United States v Bedgood, 12 USCMA 16, 30 CMR 16. Practically speaking,
The decision of the board of review is affirmed.
