United States v. Gaston

16 C.M.A. 626, 16 USCMA 626, 37 C.M.R. 246, 1967 CMA LEXIS 319, 1967 WL 4232

Opinion

Opinion of the Court

Per Curiam :

A general court-martial in Vietnam convicted the accused of misbehavior before the enemy. The findings of guilty were disapproved by the board of review, which affirmed a finding of guilty of unauthorized absence. The accused appealed to this Court for further review, contending he was prejudiced by an instruction on the credibility of witnesses. We condemned a like instruction in United States v Robbins, 16 USCMA 474, 37 CMR 94.

The decision of the board of review is reversed and the finding of guilty and the sentence are set aside. A rehearing may be ordered.