United States v. Weinstein

11 C.M.A. 599, 11 USCMA 599, 29 C.M.R. 415, 1960 CMA LEXIS 261, 1960 WL 4525
United States Court of Military Appeals·Decided July 1, 1960·No. No. 14,056·Published·Cited by 1 cases

Opinion

Opinion of the Court

Homer Ferguson, Judge:

Written depositions were read in evidence at accused’s trial by general court-martial over defense objection that their use denied him the right to confront the witnesses against him. Such action constituted prejudicial error. United States v Jacoby, 11 USCMA 428, 29 CMR 244; United States v Petterson, 11 USCMA 502, 29 CMR 318.

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. A rehearing may be ordered.

Chief Judge Quinn concurs. Judge Latimer dissents.

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United States v. Weinstein, 11 C.M.A. 599, 11 USCMA 599, 29 C.M.R. 415, 1960 CMA LEXIS 261, 1960 WL 4525 (cma 1960).

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