United States v. Diterlizzi

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

This is an appeal from a denial by the law officer of a defense motion for a mistrial.

The accused was tried for operating a motor vehicle without a license, in violation of a general order, and for causing the death of three persons alleged to be passengers in a car driven by him in a culpably negligent manner, in violation of Article 119 of the Uniform Code of Military Justice, 10 USC § 919. He was convicted of negligent homicide, in violation of Article 134, *33510 USC § 934, and of violating a general order.

At the trial the prosecution first…