No. 22,855 | United States Court of Military Appeals | Jun 5, 1970
Lead Opinion
Opinion of the Court
There is little likelihood that inadmissible evidence of Article 15 punishment (absence without leave) adversely-affected the military judge’s determination of a sentence in this case after the accused had been convicted of wrongfully possessing marihuana on or about March 25, 1969. United States v Johnson, 19 USCMA 464" date_filed="1970-05-28" court="None" case_name="United States v. Johnson">19 USCMA 464, 42 CMR 66 (1970), and United States v Mainard, 19 USCMA 488" date_filed="1970-06-05" court="None" case_name="United States v. Mainard">19 USCMA 488, 42 CMR 90 (1970). Accordingly, we affirm the decision of the Court of Military Review.
Dissenting Opinion
(dissenting):
I dissent for the reasons set forth in my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).