United States v. Freeman

Opinion of the Court

GEORGE W. LatimeR, Judge:

The question certified by The Judge Advocate General in this case is the same as that disposed of by us in United States v. Frisbee (No. 1182), 2 USCMA 293, 8 CMR 93, decided March 9, 1953, and United States v. Wyatt (No. 1140), 2 USCMA —, 10 CMR —, decided June 24, 1953, and the pertinent facts are similar to those presented in those cases.

The accused was originally tried by special court-martial upon two charges involving violations of Articles 134 and 90, Uniform Code of Military Justice, 50 USC §§ 728 and 684. He was found guilty and sentenced…