Legal Opinion · Dissent

United States v. Cary

United States Court of Military Appeals

Decided June 13, 1958No. 9742Published

1DissentLatimer, Judge

I dissent.

I need not decide whether this was in fact a juvenile conviction, for there are several reasons why I believe the results reached by the Court in this instance are erroneous. I will discuss only three. First, the evidence was introduced without any objection on the part of accused, and he is estopped from raising the error on appeal. Second, the evidence was admissible to rebut testimony given by the accused that he acted under a mistake and, therefore, possessed no criminal intent to deceive. Third, even assuming error, there was not the slightest bit of prejudice to the accused.

I

In…

2Cases cited9 opinions

  1. United States v. MasusockUnited States Court of Military Appeals · 1951
  2. United States v. FisherUnited States Court of Military Appeals · 1954
  3. People v. HoffmanCalifornia Supreme Court · 1926
  4. United States v. MyhreUnited States Court of Military Appeals · 1958
  5. United States v. RoarkUnited States Court of Military Appeals · 1957

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