United States v. Strachan

United States Court of Military Appeals

United States v. Strachan

18 C.M.A. 438, 18 USCMA 438, 40 C.M.R. 150, 1969 CMA LEXIS 777, 1969 WL 6031

CourtUnited States Court of Military Appeals

DecidedJuly 3, 1969

DocketNo. 21,966

StatusPublished

This text of 18 C.M.A. 438 (United States v. Strachan) 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. Strachan, 18 C.M.A. 438, 18 USCMA 438, 40 C.M.R. 150, 1969 CMA LEXIS 777, 1969 WL 6031 (cma 1969).

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Opinions

Opinion of the Court

Per Curiam:

The issue in this case is controlled by our opinion in United States v Johnson, 18 USCMA 436, 40 CMR 148. In Johnson, we held the law officer erred to the substantial prejudice of the accused by failing to instruct the court that in voting on the proposed sentences, it should begin by first considering the lightest; until § sentence is [439]*439adopted by the concurrence of the required number of members. Paragraph 766(2), Manual for Court's-Martial, United States, 1951. So, too, here. Reversal on sentence is required.

The decision of the board of review as to sentence is reversed. The record of trial is returned to the Judge Advocate General of the Army. A rehearing on sentence may be ordered.

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Opinion of the Court

Per Curiam:

The issue in this case is controlled by our opinion in United States v Johnson, 18 USCMA 436, 40 CMR 148. In Johnson, we held the law officer erred to the substantial prejudice of the accused by failing to instruct the court that in voting on the proposed sentences, it should begin by first considering the lightest; until § sentence is [439]*439adopted by the concurrence of the required number of members. Paragraph 766(2), Manual for Court's-Martial, United States, 1951. So, too, here. Reversal on sentence is required.

The decision of the board of review as to sentence is reversed. The record of trial is returned to the Judge Advocate General of the Army. A rehearing on sentence may be ordered.

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Bluebook (online)

18 C.M.A. 438, 18 USCMA 438, 40 C.M.R. 150, 1969 CMA LEXIS 777, 1969 WL 6031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-strachan-cma-1969.