United States Court of Military Appeals, 1957

United States v. Friborg

United States v. Friborg
United States Court of Military Appeals · Decided December 20, 1957
8 C.M.A. 515; 8 USCMA 515; 25 C.M.R. 19; 1957 CMA LEXIS 297; 1957 WL 4638
United States v. Friborg

Opinion of the Court

Opinion of the Court

PER CURIAM:

The issue in this case is the same as that in United States v Allen, 8 USCMA 504, 25 CMR 8. However, the facts are materially different. The accused was charged with two specifications of larceny. A stipulation, which was received in evidence in conjunction with the accused’s plea of guilty, shows circumstances substantially less aggravat*516ing in nature than the facts set out in the statements of the witnesses during the pretrial investigation. The record of previous convictions shows that these offenses were committed within a few days of the accused’s wrongful appropriation of a military vehicle and the making of a false official statement. Finally, the law officer instructed the court-martial that it could consider the plea of guilty itself “as a matter in extenuation and mitigation.”

We conclude from these facts that the accused and his counsel decided advisedly to make no statement and to take a chance on the sentence. We therefore affirm the decision of the board of review.

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