United States v. Cleveland

DECISION

MURDOCK, Judge:

This case illustrates how rebuttal evidence can be used to explain, rather than repel, counteract or disprove, testimony of the opposing side. The appellant was found guilty, pursuant to his pleas, of stealing more than $3,000 by falsely claiming he was geographically separated from his wife while he was stationed in Italy. In fact his wife was living with him and not, as he claimed, with his parents in Illinois. A court composed of members sentenced him to a bad conduct discharge, confinement for one year, and reduction to airman basic. The appellant now asserts, as he…