United States v. Bayes
This text of 11 C.M.A. 767 (United States v. Bayes) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion of the Court
The accused petitioned this Court for review of his conviction by a special court-martial. The record of trial' shows that as to specification 3, Charge-I, evidence that the accused refused to' [768]*768make a pretrial statement in reliance on his rights under Article 31, Uniform Code of Military Justice, 10 USC § 831, was improperly admitted. United States v Kowert, 7 USCMA 678, 23 CMR 142. Accordingly, the petition for review is granted and the decision of the board of review as to specification 3, Chai'ge I, and the sentence is set aside. The record of trial is returned to the board of review for reconsideration. In its discretion it may dismiss specification 3, Charge I, and reassess the sentence on the basis of the remaining findings of guilty or order a rehearing on that specification and the sentence.
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Cite This Page — Counsel Stack
11 C.M.A. 767, 11 USCMA 767, 29 C.M.R. 583, 1960 CMA LEXIS 225, 1960 WL 4560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bayes-cma-1960.