United States Court of Military Appeals June 3, 1983, ACM 23492 (United States v. Gay)

lead-opinion

DECISION

KASTL, Senior Judge:

Applying Supreme Court precedents, we hold in this case that the military system for imposing the death penalty under Article 118(1) of the U.C.M.J., 10 U.S.C. § 918(1) is constitutionally defective. Accordingly, we disapprove that portion of the accused’s sentence extending to death.