7 M.J. 90 | United States Court of Military Appeals | 1979
Opinion of the Court
A special court-martial convicted the accused of several offenses in violation of the Uniform Code of Military Justice, including disrespect to a superior commissioned officer and assault upon an enlisted man with intentional infliction of grievous bodily harm.
Although incriminatory in nature, a declaration that is spontaneous, rather than the result of action by a person in authority, is not within the exclusionary rule of Article 31. See United States v. Dohle, 1 M.J. 223 (C.M.A.1975). On further examination of the record of trial in the light of the arguments of the respective parties, we conclude that the trial ruling on admissibility was correct. Appellate defense counsel acknowledge the existence of “a substantial conflict” in the testimony “as to whether the [accused’s declaration] was spontaneous or the result of questioning by” the officer. When “evidence of record supports factual determinations made at the trial level and affirmed by the Court of
The decision of the United States Army Court of Military Review is affirmed.
. In violation of Articles 89 and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 889 and 928 respectively.