16 C.M.A. 611 | United States Court of Military Appeals | 1967
Opinion of the Court
A general court-martial convened in South Vietnam convicted the accused of destroying a Government tent through neglect,
Between the time of the board of review’s decision and the accused’s petition for grant of review, this Court decided United States v Robbins, 16 USCMA 474, 475, 37 CMR 94. We held it is error to instruct a court-martial that if it believes a witness has testified falsely to a material fact it can “ ‘disregard his testimony in whole or in part, except insofar as it may have been corroborated by other credible evidence.’ ” Substantially, the same instruction was given in this case. Reversal is, therefore, required.
The decision of the board of review is reversed, and the findings of guilty and sentence are set aside. A rehearing may be ordered.
The theory of the Government was that the tent was enveloped by flames from a gasoline fire started by the accused to destroy an infestation of ants in the mat flooring of the tent.