Appendix 20.
Indorsement Returning Record of Trial for Proceedings in Revision


 

 

201 Gabney, Theodore O. (Enl)       Ind.
Hq, 150th Inf, Fort Wilson, Ohio, 10 August 1944.

To: 1st Lt. Stanley O. Pettigrew, Trial Judge Advocate, Hq, 150th Inf, Fort Wilson, Ohio.

1. The record of trial by special court-martial in the case of Pvt Theodore O. Gabney, 14117877, Hq Co, 158th Inf, is returned herewith for revision in accordance with MCM, par. 38.

2. The record recites that the trial judge advocate read to the court the evidence of previous convictions contained in the certificate attached as Prosecution Exhibit 6.

3. Inasmuch as the second offense contained in the certificate was committed more than one year prior to the offense charged less periods of unauthorized absence as shown by the findings in the case and by the evidence of previous convictions, that offense should not have been considered by the court in deliberating on its sentence (MCM par. 79c).

4. The members of the court present at the original trial should reconvene, vacate their previous sentence, and adjudge an appropriate sentence without regard to the previous conviction mentioned (MCM, par. 87b).

By order of Colonel MULROONEY:

/s/ E.T. Burstein
E.T. BURSTEIN,
Capt, Inf,
Adjutant.

--264--

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