United States v. Butler

Opinion of the Court

Quinn, Chief Judge:

A general court-martial convened in the Republic of Vietnam convicted the accused of the murder of a fellow Marine, in violation of Article 118, Uniform Code of Military Justice, 10 USC § 918. Three assignments of error are presented on this appeal.

In one of the assignments of error, the accused relies upon certain inaccuracies by trial counsel in reading into the record testimony taken at the Article 32 investigation; the witness had died between the investigation and trial. Appellate defense counsel concede that “[m]ost” of the variations were…