Resource: Jackson v. Taylor

By: Oyez

April 30, 1957


A general court-martial found a soldier guilty of the separate offenses of premeditated murder and attempted rape and, in accordance with the usual practice, gave him an aggregate sentence of life imprisonment for both offenses. The Army Board of Review set aside the conviction on the murder charge, but it sustained the conviction for attempted rape and reduced the sentence to 20 years' imprisonment, which is the maximum sentence for attempted rape. In a habeas corpus proceeding, the soldier challenged the validity of the reduced sentence.

The Supreme Court held that the action of the Board of Review in modifying the sentence to 20 years' imprisonment was authorized by Article 66(c) of the Uniform Code of Military Justice, and it is sustained. Pp. 353 U. S. 570-580.