17 C.M.A. 163 | United States Court of Military Appeals | 1967
Opinion of the Court
Appellant was arraigned before a special court-martial convened at the U. S. Naval Supply Depot, Yokosuka, Japan, charged with assault with a dangerous weapon, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. He pleaded not guilty but was found guilty and sentenced to a bad-conduct discharge, confinement at hard labor for six months, forfeitures of $86.00 per month for six months, and reduction to the grade of Seaman Recruit. The convening authority approved the sentence. The supervisory authority then affirmed the sentence as approved by the convening authority. A board of review in the office of the Judge Advocate General of the Navy affirmed the findings of guilty and the sentence.
The appellant has petitioned this Court for a grant of review claiming that the Government failed to properly advise him of his constitutional right to counsel prior to obtaining certain incriminating statements from him.
The record shows that the accused was interrogated, as a suspect, by a special agent for Naval Intelligence on August 23, 1966. Before giving his statement, introduced over defense objection into evidence as a prosecution
