United States v. Weinstein

United States Court of Military Appeals

United States v. Weinstein

11 C.M.A. 599, 11 USCMA 599, 29 C.M.R. 415, 1960 CMA LEXIS 261, 1960 WL 4525

CourtUnited States Court of Military Appeals

DecidedJuly 1, 1960

DocketNo. 14,056

StatusPublished

Cited by1 cases

This text of 11 C.M.A. 599 (United States v. Weinstein) 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. 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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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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