United States v. Young, 19 C.M.A. 481

United States v. Young

19 C.M.A. 481 | United States Court of Military Appeals | 1970

Lead Opinion

Opinion of the Court

Darden, Judge:

The appellant pleaded guilty to an unauthorized absence that began May 17, 1969. A record of Article 15 nonjudicial punishment for a two and one-half hour unauthorized absence was used against Young for sentencing purposes. This evidence was inadmissible on an offense that occurred before August 1, 1969. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970). Since similar prosecution exhibits show special court-martial convictions for other such absences, the chance of harm is remote. The decision of the Court of Military Review is therefore affirmed.

Chief Judge Quinn concurs.

Dissenting Opinion

Ferguson, Judge

(dissenting):

I dissent for the reasons set forth in my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).