19 C.M.A. 477 | United States Court of Military Appeals | 1970
Opinion of the Court
Tried and convicted of disrespect, willful disobedience (two specifications) , and lifting up a weapon against his superior officer, in violation of Articles 89 and 90, Uniform Code of Military Justice, 10 USC §§ 889 and 890, the appellant received a bad-conduct discharge, total forfeitures, confinement at hard labor for three years, and reduction to the grade of Private E-l. Redd now asserts that he was prejudiced by the law officer’s failure to limit the court’s consideration on sentence of uncharged misconduct related to a disobedience of which the appellant was here found guilty.
Each of the offenses set out above occurred before January 1, 1969, the operative date of the Manual for Courts-Martial, United States, 1969. Under these circumstances, a limiting instruction is required, although the case was heard after the January date. United States v Worley, 19 USCMA 444, 42 CMR 46 (1970); United States v Flowers, 19 USCMA 473, 42 CMR 75 (1970); United States v Mallard, 19 USCMA 457, 42 CMR 59 (1970) ; and United States v March, 19 USCMA