United States v. Drown

United States Court of Military Appeals

United States v. Drown

19 C.M.A. 562, 19 USCMA 562, 42 C.M.R. 164, 1970 CMA LEXIS 807, 1970 WL 7027

CourtUnited States Court of Military Appeals

DecidedJuly 10, 1970

DocketNo. 22,900

StatusPublished

Cited by1 cases

This text of 19 C.M.A. 562 (United States v. Drown) 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.

Bluebook

United States v. Drown, 19 C.M.A. 562, 19 USCMA 562, 42 C.M.R. 164, 1970 CMA LEXIS 807, 1970 WL 7027 (cma 1970).

Pincite

Opinion

Opinion of the Court

Quinn, Chief Judge:

At trial, the accused offered evidence which raised a question as to the legality of the conditions of his pretrial confinement. The law officer ruled the evidence was not “pertinent.” The ruling was erroneous. United States v Nelson, 18 USCMA 177, 39 CMR 177 (1969).

The decision of the United States Navy Court of Military Review as to the sentence is reversed. The record of trial is returned to the Judge Advocate General of the Navy for submission to the Court of Military Review “for reassessment and approval of a sentence which does not include further confinement at hard labor.” United States v Pringle, 19 USCMA 324, 326, 41 CMR 324 (1970).

Judges FERGUSON and Darden concur.

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