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Legal Opinion

United States v. Choate

United States Court of Military Appeals

Decided October 3, 1958No. 11,026PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

A board of review affirmed the accused’s conviction for wrongful appropriation of money from the mess fund of which he was the noncommissioned officer in charge. We granted review.

Attacking the validity of the findings of guilty, the accused contends he was prejudiced by purportedly erroneous instructions to the court-martial regarding the voluntariness of his pretrial statement which was admitted into evidence. See United States v Jones, 7 USCMA 623, 23 CMR 87. The contention raises the question whether the evidence, in fact, presents an issue…

2Cases cited11 opinions

  1. Stein v. New YorkSupreme Court of the United States · 1953
  2. United States v. RinehartUnited States Court of Military Appeals · 1957
  3. United States v. JonesUnited States Court of Military Appeals · 1957
  4. United States v. FowleUnited States Court of Military Appeals · 1956
  5. United States v. DicarioUnited States Court of Military Appeals · 1957

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3Cited by6 opinions

  1. United States v. SimpsonUnited States Court of Military Appeals · 1959
  2. United States v. AskewUnited States Court of Military Appeals · 1963
  3. United States v. WalbertUnited States Court of Military Appeals · 1963
  4. United States v. WallerUnited States Court of Military Appeals · 1960
  5. United States v. McGeeU.S. Navy-Marine Corps Court of Military Review · 1982

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