United States v. McDaniel

OPINION OF THE COURT

YAWN, Judge:

Contrary to his pleas, appellant was convicted of dereliction of duty and larceny, violations of Articles 92 and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 892 and 921 (1976), respectively.

At the Article 32 * investigation, a battalion legal clerk attempted to record the proceedings on a cassette tape recorder. While preparing to type a summary of the witnesses’ testimony, the clerk discovered that some of the tapes were blank, apparently the result of her unfamiliarity with the machine. She notified the defense counsel and investigating officer of her…