United States v. McAlister

United States Court of Military Appeals

United States v. McAlister

18 C.M.A. 532, 18 USCMA 532, 40 C.M.R. 244, 1969 CMA LEXIS 745, 1969 WL 6056

CourtUnited States Court of Military Appeals

DecidedAugust 22, 1969

DocketNo. 22,162

StatusPublished

Cited by2 cases

This text of 18 C.M.A. 532 (United States v. McAlister) 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. McAlister, 18 C.M.A. 532, 18 USCMA 532, 40 C.M.R. 244, 1969 CMA LEXIS 745, 1969 WL 6056 (cma 1969).

Pincite

Opinions

Opinion of the Court

Ferguson, Judge:

Though several matters were presented in mitigation and extenuation, the president failed to draw the attention of the court-martial thereto in any manner while delivering his [533]*533presentencing instructions. Such was error and, under the circumstances, prejudicial to the substantial rights of the accused. United States v Wheeler, 17 USCMA 274, 38 CMR 72; United States v Wysingle, 18 USCMA 314, 40 CMR 26.

The decision of the board of review is reversed, and the record of trial is returned to the Judge Advocate General of the Air Force. The Court of Military Review may reassess the sentence or order a rehearing thereon.

Chief Judge Quinn concurs.

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