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United States v. Orr

18 C.M.A. 568, 18 USCMA 568, 40 C.M.R. 280, 1969 CMA LEXIS 725, 1969 WL 6067
CourtUnited States Court of Military Appeals
DecidedSeptember 12, 1969
DocketNo. 22,030
StatusPublished
Cited by2 cases

This text of 18 C.M.A. 568 (United States v. Orr) 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. Orr, 18 C.M.A. 568, 18 USCMA 568, 40 C.M.R. 280, 1969 CMA LEXIS 725, 1969 WL 6067 (cma 1969).

Opinion

Opinion of the Court

Darden, Judge:

The inquiry of the president of this special court-martial into the providence of accused’s plea of guilty to charges of disobedience, use of provoking words, assault, and absence without leave, violations of Articles 90, 117, 134, and 86, Uniform Code of Military Justice, 10 USC §§ 890, 917, 934, and 886, respectively, is perfunctory. The record of trial contains no evidence that offsets this deficiency. There is here, then, révers- ■> ible error. Cf. United States v Care, 18 USCMA 535, 40 CMR 247.

The decision of the board of review ' is reversed and the record' of trial is returned to the Judge Advocate General of the Navy. A rehearing ' may be ordered. •

Chief Judge Quinn and Judge Ferguson concur.

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Related

United States v. Hoaglin
10 M.J. 769 (U.S. Navy-Marine Corps Court of Military Review, 1981)
United States v. Wilson
19 C.M.A. 498 (United States Court of Military Appeals, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
18 C.M.A. 568, 18 USCMA 568, 40 C.M.R. 280, 1969 CMA LEXIS 725, 1969 WL 6067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-orr-cma-1969.