United States Court of Military Appeals, 1970

United States v. Lyon

United States v. Lyon
United States Court of Military Appeals · Decided August 21, 1970 · Darden, Ferguson, Quinn
20 C.M.A. 58; 20 USCMA 58; 42 C.M.R. 250; 1970 CMA LEXIS 761; 1970 WL 7059
United States v. Lyon

Opinion of the Court

Opinion of the Court

DARDEN, Judge:

In United States v Williams, 20 USCMA 47, 42 CMR 239 (1970), this Court determined that a court-martial sentence is not rendered illegal because of a military judge’s failure to inquire of the appellant personally if he had anything to say in his own behalf before sentencing. That same question is again raised. Because the reasoning in Williams is equally applicable here we affirm the decision of the Court of Military Review.

Chief Judge Quinn concurs.

Concurring Opinion

FERGUSON, Judge

(concurring) :

I concur.

I agree with my brothers’ disposition of this case for the reason set forth in my separate opinion in United States v Williams, 20 USCMA 47, 42 CMR 239 (1970).

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