United States v. Himmler

Opinion of the Court

Homer Ferguson, Judge:

This case comes here by certificate from The Judge Advocate General of the Navy and presents for our determination the issue of whether the president of a special court-martial should have instructed the court to redetermine, during its deliberations on the findings, the question of whether the accused’s statement had been taken in violation of Article 31(b) of the Uniform Code of Military Justice, 10 USC § 831.

The operative facts which gave rise to the issue arose in the following manner. The accused was charged with, but pleaded not guilty to, five…