United States v. Clark

I dissent.

I believe that my brothers too casually dismiss the obvious need to uphold the absolute verity of the record of trial. This is a necessary concomitant to the proper administration of justice. As Chief Judge Quinn, writing in the early case of United States v Galloway, 2 US CM A 433, 435, 9 CMR 63, said:

“. . . The great weight' of authority in the United States holds that the records and judgments of the trial court import absolute verity and may not, in the absence of a charge of fraud, be challenged. Edminston v Hunter, 161 F2d 691, 692 (CA 10th Cir); Thomas v Hunter, 153 F2d 834,…