United States v. Starnes

Opinion of the Court

Homer Ferguson, Judge:

The accused was convicted of six specifications which alleged either the offering or uttering with intent to defraud of checks which he knew to be falsely made, in violation of Article 123, Uniform Code of Military Justice, 10 USC § 923. Ofir grant of review was limited to the issue of whether the law officer’s reference to paragraphs 76a and 766(3) of the Manual for Courts-Martial, United States, 1951, which in turn referred to paragraph 33A prejudiced the accused. We conclude that it did.

After opposing counsel had presented final argument on…