United States v. Gaston
This text of 16 C.M.A. 626 (United States v. Gaston) 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
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.
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Cite This Page — Counsel Stack
16 C.M.A. 626, 16 USCMA 626, 37 C.M.R. 246, 1967 CMA LEXIS 319, 1967 WL 4232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gaston-cma-1967.