United States v. Cade

18 C.M.A. 570, 18 USCMA 570, 40 C.M.R. 282, 1969 CMA LEXIS 728, 1969 WL 6070

• Court: United States Court of Military Appeals
• Decided: September 12, 1969
• Docket: No. 22,118
• Status: Published

Opinions

Opinion of the Court

DARDEN, Judge:

This accused negotiated a plea of guilty to an aggravated assault, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. The inquiry into the providence of the plea compares to that made in United States v Care, 18 USCMA 535, 40 CMR 247. It does not meet the standard that must apply to cases tried thirty days after the decision in United States v Care, supra. There is an agreed stipulation of fact clearly showing that the accused committed the crime charged. His testimony in mitigation is to the same effect.

Accordingly, we find the plea of guilty provident and affirm the decision of the board of review.

Chief Judge Quinn concurs.