United States v. Smith

18 C.M.A. 585, 18 USCMA 585, 40 C.M.R. 297, 1969 CMA LEXIS 711, 1969 WL 6087

• Court: United States Court of Military Appeals
• Decided: September 19, 1969
• Docket: No. 22,158
• Status: Published

Opinions

Opinion of the Court

Darden, Judge:

Tested by the standards laid down in United States v Care, 18 USCMA 535, 40 CMR 247, the inquiry into the accused’s plea of guilty would not meet the criterion that must apply to cases tried thirty days after the decision in Care. In this case, however, the accused, in mitigation, admitted his guilt, saying: “Gentlemen, my plea of guilty is, in fact, I am guilty of all the specifications and charges there. As far as an excuse, I have no excuse.” We are, therefore, satisfied that accused’s guilty plea, in this case, is provident.

Accordingly, the decision of the board of review is affirmed.

Chief Judge Quinn concurs.